In 1996, German authorities begin investigating Mamoun Darkazanli, Mohammed Haydar Zammar, and four others for money laundering. The investigation apparently begins with Darkazanli and four unnamed others, and grows to incorporate Zammar. Darkazanli and Zammar are friends, and both are closely linked to the al-Qaeda Hamburg cell. The investigation is run by the Bundeskriminalamt (BKA), Germany’s federal crime investigation agency. In late 1998, Darkazanli will be increasingly suspected for various other terrorism ties. But in early 2000, chief federal prosecutor Kay Nehm will refuse to initiate terrorism investigation proceedings against him, saying there is not enough evidence. Prior to 9/11, German law makes it hard to convict anyone for a terrorism offense unless it can be proven they were involved in an attack on German soil. However, Der Spiegel will later note that while that was true, Darkazanli could have been charged with money laundering instead. The money laundering investigation will resume shortly after 9/11. [Der Spiegel (Hamburg), 10/29/2001]
May 2001: Associate in Germany Sends 9/11 Hijacker Atta $1,000
An associate of the hijackers named Mounir El Motassadeq sends $1,000 to an account of Mohamed Atta in Florida. The money is sent from an account of hijacker Marwan Alshehhi in Germany for which El Motassadeq has a power of attorney. This transaction is not mentioned by US authorities, but is disclosed by Kay Nehm, a prosecutor in the case against El Motassadeq in Germany. El Motassadeq will later be convicted for membership of al-Qaeda (see August 19, 2005). [Dawn (Karachi), 9/1/2002; CNN, 2/19/2003 Sources: Kay Nehm]
February 5, 2004-June 8, 2005: Hijacker Associate Mzoudi Twice Acquitted After US Refuses to Cooperate with German Courts
Abdelghani Mzoudi is acquitted of involvement in the 9/11 attacks. Mzoudi is known to have been a friend and housemate of some of the 9/11 hijackers. A German judge tells Mzoudi, “You were acquitted not because the court is convinced of your innocence but because the evidence was not enough to convict you.” Mzoudi’s acquittal became likely after Germany received secret testimony from the US government that asserted Mzoudi was not part of the plot (see December 11, 2003). But the information apparently came from the interrogation of US prisoner Ramzi bin al-Shibh, and since the US would not allow Mzoudi’s defense to cross-examine bin al-Shibh, Mzoudi was released. [Daily Telegraph, 2/6/2004] Later in the year, Mzoudi acquittal is appealed to a higher court. Kay Nehm, Germany’s top federal prosecutor, again appeals to the US State Department to release interrogation records of bin al-Shibh to the court. However, the US still refuses to release the evidence, and a list of questions the court gives to the US for bin al-Shibh to answer are never answered. [Deutsche Presse-Agentur (Hamburg), 7/30/2004] On June 8, 2005, Mzoudi’s acquittal is upheld. Nehm calls the US’s government’s behavior “incomprehensible.” [Reuters, 6/9/2005] After the verdict, German authorities maintain that he is still a threat and give him two weeks to leave the country. He quickly moves back to his home country of Morocco, where he now lives. [Deutsche Welle (Bonn), 6/26/2005]