United States v. Chenyi

1

UNITED STATES OF AMERICA, Plaintiff, v. FRANCIS CHENYI, SR., Defendant.

No. 22-00261-02-CR-W-RK

United States District Court, W.D. Missouri, Western Division

August 1, 2024

REPORT AND RECOMMENDATION

Lajuana M. Counts United States Magistrate Judge

This matter is currently before the Court on defendant Chenyi's Motion to Dismiss [Counts One and Two of the] Indictment (Doc. #108). For the reasons set forth below, it is recommended that this motion be denied.

I. INTRODUCTION

On November 18, 2022, the Grand Jury returned a four-count Indictment against defendants Claude Ngenevu Chi, Francis Chenyi, Sr., and Lah Nestor Langmi. The Indictment charges all defendants with Conspiracy to Provide Material Support or Resources (Count One), Receiving Money From a Ransom Demand (Count Three), and Conspiracy to Launder Monetary Instruments (Count Four). Defendants Chi and Chenyi are also charged with Providing Material Support or Resources (Count Two).

Counts One and Two are the subject of defendant Chenyi's motion to dismiss. These two counts provide in part:

COMMON ALLEGATIONS

4. Beginning at a date unknown but no later than January 1, 2018, and continuing until the present, the defendants supported and raised funds for separatist fighters in an ongoing Cameroonian rebellion. The defendants each held senior level positions within an organization that supported and directed the militant separatist group known as the Ambazonian Restoration Forces (ARF) and other separatist fighters within Cameroon's Anglophone regions. The defendants solicited and raised funds for equipment, supplies, weapons, and explosive materials to be used in attacks against Cameroonian government personnel, security forces, and property, along with other civilians believed to be enabling the government. These funds were raised through online chat applications and payment platforms from individuals located in the United States and abroad. The funds were then transferred from various financial and cryptocurrency accounts controlled by the defendants through intermediaries to the separatist fighters to support attacks in Cameroon.

5. In addition to the funds that were raised through voluntary donations, the defendants conspired with others to kidnap civilians in Cameroon and hold them for ransom. In some instances, United States citizens were extorted for ransom payments to secure the release of their kidnapped relatives living in Cameroon. These ransom demands were couched as fines for violating rules imposed by the separatist groups and contributions to the separatist cause. In at least one instance, the defendants coordinated and personally received the ransom payment from a U.S.-based victim and informed the kidnappers located in Cameroon when the ransom payment was received. The ransom payments were subsequently transferred to the separatist fighters to fund their operations.

MANNER AND MEANS OF THE CONSPIRACY

6. Beginning on a date unknown but no later than January 1, 2018, and continuing until the present, the defendants funded and directed separatist fighters operating in and around Ngo-ketunjia Division, Cameroon (“Ngoketunjia County”). CHENYI acted as the County Chair for Ngoketunjia County. LANGMI acted as the chairman of the Ngoketunjia Security Council, the defense Spokesman for the Ambazonia National Security Council (ANSC), and the chairman of the Balikumbat Local Government Area (LGA) Security Council. CHI acted as the treasurer of the Ngoketunjia Security Counsel and as the Chairman of the Ndop LGA Security Council.

7. Beginning at a date unknown but no later than January 1, 2018, and continuing until the present, the defendants raised over $350,000 in donations primarily from donors in the United States and Europe. These funds were used to support the operations of the ARF and other separatist fighters operating in and around Ngoketunjia.

8. The defendants authored a document titled “2020 End of Year Statement Ngoketunjia County”, which documented their organization's accomplishments, income, and expenses. According to these records, the defendants raised $88,455.00 in 2020. Itemized expenses included at least ten (10) entries related to Improvised Explosive Devices (IEDs) and ten (10) entries related to firearms or ammunition. Other expenditures included funds related to specific separatist operations, including the kidnapping of a traditional leader named Sehm Mbinglo II (holding the title of Fon, or leader, of the Nso people) and Cardinal Christian Tumi on November 5, 2020.

10. On June 2, 2020, CHI sent CHENYI a message requesting funds for an unindicted conspirator known as “Captain Fire” (later “General Fire”) for an attack against various government and civilian buildings in Ndop, Cameroon. The targets included:

a. Ministry of Economy, Planning and Regional Development (MINEPAT);

b. Ndop Community Hall;

c. Royal Garden;

d. Special Branch Police Station;

e. Legal Department;

f. Grandstand, new and old; and g. New Divisional Officer (D O) Office.

The cost estimate for the materials was 574,000 Central African CFA francs (XAF). Ngoketunjia County expense reports included a June 9, 2020, entry for this expense titled, “NDOP LGA Mission Logistics” for 575,000 XAF. On June 21, 2020, Captain Fire sent CHI five photos of buildings in early stages of fire, stating, “The new D O office,” and “The last office down.” CHI responded, “Confirmed our able Captain.”

16. On January 11, 2021, CHENYI sent the Bamessing Action Team group a list titled “Materials [for] 5 Explosives,” which included:

a. Five gas bottles;

b. three buckets gun powder;

c. five batteries;

d. five relays; and e. five remote systems.

CHENYI then sent the conspirators a picture and video of IED components, including remote firing systems and electric igniter wires. CHENYI subsequently sent an image of a transfer receipt for 200,000 XAF with the message, “Advance for the project.” The General responded, “Received thanks.”

17. On January 30, 2021, the General sent the Bamessing Action Team group a message stating, “On [January 28, 2021] the Bamessing action group ambuched Ndawara military and there was a number of casualties on their side.i could not have reported because I wanted a clear info about their dead.so we confirmed today morning.” An unindicted conspirator responded, “Good but bro remember we need 1 with popcorn [IED] video so we can account to those who sponsored us.” CHI responded, “more grease to your elbows Gen.”

COUNT ONE

(Conspiracy to Provide Material Support or Resources)

20. Beginning on a date unknown but no later than January 1, 2018, and continuing to the present with the exact dates being unknown, in the Western District of Missouri and elsewhere:

CLAUDE NGENEVU CHI FRANCIS CHENYI, SR. LAH NESTOR LANGMI

the defendants herein, and other persons known and unknown to the Grand Jury, did knowingly and willfully combine, conspire, confederate and agree with each other, to provide and attempt to provide material support and resources, as defined in Title 18, United States Code, Section 2339A(b), including: currency and monetary instruments (collectively “money”), property, weapons, and services, knowing and intending that such money, property, weapons, and services were to be used in preparation for, and in carrying out, violations of Title 18, United States Code, Sections 956(a), Conspiracy to Kill, Kidnap, and Maim Persons in a Foreign Country; and 2332a(b), Conspiracy to Use a Weapon of Mass. Destruction Outside of the United States.

All in violation of Title 18, United States Code, Section, 2339A(a).

COUNT TWO

22. On or about December 3, 2020, within the Western District of Missouri, and elsewhere, the defendants, CLAUDE NGENEVU CHI FRANCIS CHENYI, SR.

did unlawfully and knowingly provide and attempt to provide material support and resources, to wit: 310,000 Central African CFA francs (XAF), knowing and intending that the material support and resources were to be used in preparation for and in carrying out a violation of Title 18, United States Code, Section 2332a(b), Conspiracy to Use a Weapon of Mass. Destruction Outside of the United States.

All in violation of Title 18, United States Code, Sections 2339A(a) & 2.

(Doc. #1 at 2-8.)

The statute under which defendant Chenyi is charged in Counts One and Two of the Indictment, 18 U.S.C. § 2339A(a) Providing material support to terrorists, provides:

(a) Offense.-Whoever provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section . . . 956, . . . [or] 2332a . . . of this title . . . or in preparation for, or in carrying out, the concealment of an escape from the commission of any such violation, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.

18 U.S.C. § 2339A(a).

The other statutes referenced in Count One (18 U.S.C. §§ 956(a) and 2332a(b)) and Count Two (18 U.S.C. § 2332a(b)) provide:

§ 956. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country

(a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the

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