3 Tied to San Bernardino Terrorists Indicted on Conspiracy and False Statement Charges

All defendants are charged with conspiracy to make false statements under oath in immigration papers, a federal felony punishable by up to five years imprisonment.
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A federal grand jury in Riverside, California indicted three individuals connected to Syed Rizwan Farook, one of two deceased San Bernardino terrorist killers, the United States Attorneys Office announced today. Fourteen people were killed in the Dec. 2, 2015 attack, the worst post 9/11 terrorist strike on American soil. The charges announced today are federal felonies that arose during the terror investigation, but are not directly tied to the December 2 attack. No one as been charged as of yet for the San Bernardino attack, and there has been no information publicly released of a wider conspiracy, or if anyone else was aware of the planned attacks besides the deceased assailants. Enrique Marquez, a friend of Farook who allegedly provided him with assault weaponry, faces weapons and conspiracy charges. While the charges are not directly tied to the San Bernardino massacre, it gives federal investigators leverage, in the form of possible plea bargains to extract more information from those closest to the dead assailants.

Three defendants are charged in a five count indictment arising out of "a marriage fraud conspiracy that involved making false statements under oath for the purpose of obtaining immigration benefits for one of the defendants" the office stated. Those charged are:

•Mariya Chernykh, 26, of Ontario, who, according to official records, is married to Enrique Marquez, Jr., who is awaiting trial on charges of conspiring with Syed Rizwan Farook in 2011 and 2012 to provide material support to terrorists;

•Tatiana Farook, 31, of Corona, who is Chernykh's sister; and

•Syed Raheel Farook, 31, of Corona, who is Tatiana Farook's husband and Syed Rizwan Farook's brother.

All defendants are charged with conspiracy to make false statements under oath in immigration papers, a federal felony punishable by up to five years imprisonment. Ms. Chernykh is also charged with four counts arising out of fraud, false statements and deception that are cumulatively punishable by up to 25 years imprisonment.

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Federal agents search a lake for evidence near San Bernardino attack scene

"This is the latest step in the comprehensive investigation into the horrific attacks in San Bernardino last year that took the lives of 14 innocent Americans and deeply affected so many more," said United States Attorney Eileen M. Decker. "As I have said previously, we owe the victims, and the entire community of San Bernardino, a thorough investigation that uncovers all criminal activity surrounding these events. Today's arrests open a new phase in the process of bringing to justice all individuals who allegedly committed crimes that were uncovered during our exhaustive investigation."

The charges in these California cases are among the most common non-terror charges levied that arise from terrorism investigations.

Top 5 non-terrorism charges
  1. Immigration violations (121)
  2. Criminal conspiracy (73)
  3. Making false statements (72)
  4. Fraud/financial crimes (57)
  5. RICO/Racketeering (51)
Source: Mother Jones analysis of DOJ cases

Conspiracies are agreements between two or more people to commit a crime followed by an overt step in furtherance of the crime. Conspiracies, in these cases, are federal felonies and can be charged even if the planned crime never materializes.

Federal felonies can be charged either through grand juries, as is the case here, or by an alternative legal instrument known as an information. The Fifth Amendment to the Constitution instructs "(n)o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury...." Grand juries, consist of 16-23 citizens, and determine whether there is probable cause for a person to have committed a crime, and thus be criminally charged. After the presentation of evidence and testimony by prosecutors grand juries render a decision, without the presentation of evidence by the defense. The defendants in federal custody are being arraigned today in Federal District Court in Riverside.

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