Furnishing Material Assistance to a Terrorist Organization

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7^th Circuit Court of Appeals

Case Name: United States of America v. Joseph Jones

Case No.: 21-1482

Officials: Rovner, Brennan, and Scudder, Circuit Judges.

Focus: Furnishing Material Assistance to a Terrorist Organization

Jones and Schimenti, childhood friends, who were both part of the same mosque, drew the attention of the FBI due to their online posts promoting ISIS and advocating violence. Despite months of surveillance, the FBI found no concrete evidence of criminal actions. However, they decided to introduce Jones to an undercover agent named “Omar.” Interestingly, it was Jones, not the agents, who continued the dialogue regarding radical Islam. Subsequently, Omar introduced Jones to another undercover agent called “Bilal.”

In a meeting involving Omar, Bilal, Jones, and Schimenti (who later departed), Jones divulged Schimenti’s concerns about Omar and Bilal potentially being undercover federal agents. Strangely, Jones persistently initiated discussions supporting ISIS and fostered connections with individuals associated with the group. One of these connections was “Omar 2,” who was revealed to be another FBI undercover agent. Jones even orchestrated a meeting between himself, Bilal, and Omar 2. Allegedly, Omar 2, with Bilal’s assistance, was said to have traveled to Syria. This incident marked a significant turning point.

In a parallel development, the FBI reestablished contact with Schimenti through a new confidential source named “Muhamed.” This source expressed a desire to join his brother in the ranks of the ISIS army in Syria. Seizing the opportunity, Schimenti extended his support. Subsequently, in 2017, Jones and Schimenti provided Muhamed with nine cell phones and drove him to O’Hare airport. Their intention, as believed by law enforcement, was that Muhamed would travel to Syria and utilize the phones as makeshift explosive devices, assuming his role as an ISIS combatant.

Following these events, both Jones and Schimenti were apprehended by the FBI. Their conviction stemmed from the allegation that they had furnished material assistance to a terrorist organization, as outlined in 18 U.S.C. 2339B(a)(1), based on their provision of cell phones for potential use as improvised explosive devices (IEDs) by ISIS.

The Seventh Circuit Court upheld the conviction. The court had properly instructed the jury on the nuances of entrapment and its final conclusion deserved due consideration. Furthermore, the court upheld the rejection of a motion for a new trial, even when a revelation emerged regarding a substantial payment made by the government to a confidential informant shortly after the convictions. The argument was that disclosing this planned payment prior to the trial would not necessarily have resulted in acquittals and thus didn’t undermine the conviction.

Affirmed.

Decided 08/18/23

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