2002-07-09 -- Habenstein, John -- Criminal Complaint -- News Release

Somerset Man Charged With Making False Statements to Federal Law Enforcement Officials

NEWARK- A Somerset man was arrested today, charged with making false statements to federal law enforcement officers concerning alleged terrorist activities, U.S. Attorney Christopher J. Christie announced.

According to the criminal complaint filed in the case, John Habenstein, 31, initially contacted the FBI in late April 2002 claiming to have information concerning a terrorist attack that was about to take place in the United States. In a series of discussions with FBI agents, Habenstein stated that he had learned that weapons of mass destruction were heading to the United States and Canada on two ships that had originated in the Middle East and were sailing under the flag of Liberia.

Habenstein also provided information concerning possible dates and locations at which the weapons might be detonated, according to Assistant U.S. Attorney Matthew Boxer. Habenstein claimed that he received his information from a named individual who is a high-ranking military official in the United Arab Emirates.

As set forth in the criminal complaint, Habenstein later admitted to law enforcement officers that his claims were false in that he had not obtained his information from the individual he had named. He stated that his information came from internet sources, but he was not able to identify those sources. Habenstein further stated that he had lied in an attempt to gain favor with the FBI so that the FBI would assist him in his business venture.

According to Assistant U.S. Attorney Boxer, substantial law enforcement resources were mobilized in the United States and in Canada in response to Habenstein's initial statements. Efforts by law enforcement officers included boarding and searching a ship in Savannah, Georgia and in Newark, New Jersey in search of the alleged weapons of mass destruction. No such weapons were found.

The defendant is scheduled to appear today at 2:30 pm before U.S. Magistrate Mark Falk in Newark.

The criminal charge alleged, making false statements to federal law enforcement officers, carries a maximum sentence of 5 years in prison and a $250,000 fine. Under U.S. Sentencing Guidelines, if the defendant is convicted, the sentencing judge will determine the actual sentence based on a formula that takes into account the severity and characteristics of the offense, and the defendant's criminal history, if any. Parole has been abolished in the federal system. Under the Sentencing Guidelines, defendants who are given custodial terms must serve nearly all that time.

Christie credited Special Agents of the FBI, under the direction of the Special Agent in Charge Louie F. Allen, with developing the case.

The Government is represented by Assistant U.S. Attorney Boxer, of the U.S. Attorney's Terrorism Unit, in Newark.

A criminal complaint is merely an accusation. All defendants are presumed innocent unless and until proven guilty.

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