2002-07-24 -- Al Robiai, Tawfiq -- Guilty Plea -- News Release

Yemeni National Admits Running Unlicenced Money Transmitting Business

NEWARK - A Yemeni national pleaded guilty today to operating an unlicenced money transmitting business, U.S. Attorney Christopher J. Christie announced.

Tawfiq Al Robiai, 34, of New York, pleaded guilty to a one-count Information before U.S. District Court Judge William H. Walls. The charge carries a maximum sentence of five years in prison and a $250,000 fine, according to Assistant U.S. Attorney Leslie Faye Schwartz.

Judge Walls set sentencing for Nov. 6 at 9:30 a.m.

From at least as early as Oct. 1, 2000, through Oct. 27, 2001, Al Robiai operated a money transmitting business without having obtained a license as required under New York State Banking Law. The offense was uncovered when a Federal Express package destined for Saleh Ayzeh in Sanaa, Yemen was intercepted at the mail facility at Newark International Airport.

The package contained a total of $59, 875 in Western Union money orders, Traveler's Express money grams, a third-party check, and signed personal checks, including 14 checks without a payee designated. Despite the contents of the package, the contents were declared on the Federal Express receipt as "business documents" with no value.

Al Robiai admitted that he was paid to send packages containing checks and money orders to Saleh Ayzeh over an approximately one-year period by persons from Yemen residing in the United States. Al Robiai admitted that the total amount of money transmitted was between $500,000 to $800,000.

On many occasions, Al Robiai was given cash which he converted to money orders before sending it on to Yemen. According to Al Robiai, the money was forwarded to Saleh Ayzeh in repayment of money Ayzeh had loaned the Yemen individuals in the United States or their relatives in Yemen.

During a search of Al Robiai's Harlem, N.Y. apartment in October 2001, records of the money transmitting business as well as $10,000 in money orders were recovered. As part of his plea agreement with the government, Al Robia agreed to forfeit any interest he had in the contents of the package as well as the $59,875 contained in the seized Federal Express package.

Under U.S. Sentencing Guidelines, Judge Walls will determine Al Robiai's actual sentence based upon a formula that takes into account the severity and characteristics of the offense, as well as his criminal history.

Parole has been abolished in the federal system. Under the Sentencing Guidelines, defendants who are given federal custodial terms must serve nearly all that time

Christie credited Special Agents of the U.S. Customs Service, under the direction of Special Agent in Charge Joseph R. Webber, for developing the case against the defendant. Christie also thanked the United States Attorney's Office in the Southern District of New York for their assistance in the prosecution.

The Government is represented by Assistant U.S. Attorney Schwartz of the U.S. Attorney's Criminal Division Strike Force Unit in Newark.-

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Defense Attorney: Daniel J. Gotlin, Esq. New York