Guyanese businessman Shaheed Khan, yesterday pleaded not guilty to 18 additional charges brought against him by the US Government when he appeared before Justice Dora Irizarry in a New York court.
The prosecution filed the charges last week Thursday and they were read to Khan yesterday. One of the charges, continuing a criminal enterprise, could see Khan serving life in prison if he is found guilty as it carries a mandatory life imprisonment sentence.
On the first count of the charge of continuing a criminal enterprise, it is alleged that between January 2001 and June 2006, “both dates being approximate and inclusive”, Khan, who is also known as Roger Khan, ‘Short Man’ or ‘Boss Man’, knowingly and intentionally engaged in a continuing criminal enterprise in concert with five or more other persons. He reportedly occupied the position of principal administrator, organiser and leader of the continuing criminal enterprise. From this enterprise, the indictment said, Khan obtained, “substantial income and resources. Khan is also charged with:
* conspiracy to import at least 150 kilogrammes (kilos) of cocaine into the US between January 2001 and June 2006.
* conspiracy to distribute and possess with intent to distribute at least 150 kilos of cocaine between January 2001 and June 2006.
* distribution of and possession with intent to distribute cocaine on or about March 19, 2003.
* distribution of and possession with intent to distribute cocaine on or about March 25, 2003.
* distribution of and possession with intent to distribute cocaine on or about March 28, 2003.
* importation of cocaine into the United States on or about March 3, 2005.
* conspiracy to import five kilos of cocaine between January 2001 and June 2006
* conspiracy to distribute and possess with intent to distribute five or more kilos of cocaine on or about and between January 2001 and June 2006.
* international distribution conspiracy between January 2001 and June 2006 involving five or more kilos of cocaine.
* importation of 500 grammes of cocaine on or about March 2005.
* distribution of and possession with intent to distribute 500 grammes of cocaine on or about March 3, 2005.
Khan is also charged with four counts of importation of five or more kilos of cocaine allegedly committed in December 2003, March 2004, April 2004 and May 2004.
He faced eight more counts of distribution of and possession with intent to distribute five or more kilogrammes of cocaine in February 2003; March 19, 2003; March 25, 2003; March, 28, 2003; December 2003; March 2004; April 2004 and May 2004.
All of the offences are in violation of Title 21, United States Code, Sections 963 and 952(a). Section 952(a) makes it a crime to import a controlled substance into the US and Section 963 makes it a crime to conspire to do same.
Meanwhile, US Prosecutor Paige Patterson informed the court that the government has plans to hand over a number of audio wire tapped conversations and documented conversations involving Khan. It will also hand over computer documentation, some of which were password protected. Khan’s lawyer, Roberts Simels told the court that he would need time to go through the conversations and requested that the matter continue on March 28; the judge granted his request.
The housing issue, which Khan has complained about through his lawyer, also came up in court yesterday. (He had been transferred from the Nassau County jail to a federal prison in Manhattan where security is tighter.) Simels complained about the restrictions placed on his client and asked the court to release him from what he described as administrative detention at the deferral jailhouse. He had said the cell in which Khan is housed is for terrorists.
Yesterday, a Bureau of Prisons representative told the court that Khan has to follow the formal administrative procedure to make his complaint, which would see him filling out some forms. Simels told the court that Khan had filled out the forms, but the prison representative said the forms she had in her possession were not the right forms. The judge then ordered that Khan’s lawyers provide written responses and that the prison provide khan with the requisite forms by today.
At this point, Patterson told the court that the US Govern-ment had information that was not yet public and that was why Khan was being held in that facility. She said the prosecution would file a sealed ex-parte motion informing the court of the reasons why Khan was being held in the Manhattan facility. The judge gave the prosecution until March 5 to file the motion.
