Shocker in Roger Khan saga… Attorney, associate charged with conspiracy to murder main witness

Sep 11, 2008 News

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Khan named in indictment

 

Robert Simels, the lead attorney for embattled Guyanese businessman Shaheed ‘Roger’ Khan has been charged with attempting to “eliminate” the main witness against his client, federal officials said.

Simels was arrested yesterday afternoon and accused in an 18-page federal complaint of paying an alleged ‘Phantom Squad’ member $1,000 for the hit – which also included strict orders not to kill the witness’ mother.

Arienne Irving, an associate of Simels, and Khan, were also named as defendants in the indictment.

Simels, who was arraigned with conspiring to obstruct justice yesterday afternoon in Brooklyn Federal Court, is alleged to have arranged the hit for his client, Khan, who is accused of leading a drug-dealing ring.

Khan allegedly told Simels that the case against him hinged on one man – identified in court papers as “John Doe No 1.”

Simels wanted to “eliminate” and “neutralize” the witness, authorities said.

He allegedly told a government informant at one point that, “Obviously, any witness you can eliminate is a good thing.”

The feds said that on June 19, 2008, Simels met with the government informant in his Manhattan office and handed over $1,000 down payment for the hit.

The two were caught on tape, according to the federal complaint, with Simels saying, “Here’s $1,000 to get started.”

When the undercover informant said “no problem,” Simels replied, “All [Khan] says is be careful. He says don’t kill the [witness’] mother.”

During the brief conversation, Simels also said, “Well, [Khan] would like as much pressure being put on [John Doe No. 1] as possible.”

In an affidavit filed in the United States District Court for the Eastern District of New York sworn to and signed by a female Special Agent of the Drug Enforcement Agency (DEA), it was documented that Simels, Khan and Irving, together with others, conspired with others to corruptly persuade and engage in misleading conduct toward other persons, with intent to (a) influence and prevent the testimony of persons in an official proceeding, to wit: United States v Shaheed Khan, 06-CR-255 (DLI), a federal criminal trial of the defendant Shaheed Khan in the United States District Court for the Eastern District of New York, and (b) cause and induce persons to withhold testimony in an official proceeding, to wit: the trial in the United States v Shaheed Khan, 06-CR-255 (DLI), in violation of title 18, United States Code, Section 1512 (b)(1) and (b)(2)(A) Title 18, United States Code, Section 1512 (k).

The witness who had been a DEA special agent for five years and tasked with investigating narcotics trafficking and money laundering offences described portions of certain conversations that were recorded during the course of the court-authorized surveillance.

She said that she believed that there was probable cause to believe that the defendants are involved in a conspiracy to obstruct justice.

The agent indicated that in May 2008, a reliable confidential source (CS) was notified by, among others, a member of the ‘Phantom Squad’ that Khan’s attorney wanted to speak with the CS, himself a member of the ‘Phantom Squad.’

On or about May 13, 2008, acting at the direction of law enforcement, the CS called Simels, who confirmed that he wished to speak with the CS.

Thereafter, the CS met Simels and Irving at Simels’ Law office on a number of occasions and communicated with them both by e-mail and telephone. It was noted that in the initial recorded conversation in May 2008, Simels asked the CS to assist in locating certain individuals he believed to be co-operating against Khan.

During subsequent conversations in June, July and August 2008, Simels discussed with the CS what to do when the potential witnesses or their family members were located.

The special agent related that in substance and in part, Simels discussed a range of options, from offering them money to murdering their family members.

It was revealed that captured in the recordings, Simels and Irving had conferred about these options with Khan before discussing them with the CS.

Irving reportedly attended some of the meetings with the CS and regularly met with Khan.

It was during a May 13, 2008 meeting that Simels and Irving allegedly discussed several matters with the CS, including whether the CS would testify on Khan’s behalf.

Simels and Irving further discussed certain individuals whom they expected would testify against Khan at his federal criminal trial.

Among them was a woman, ‘Jane Doe #1’ and two men, ‘John Doe # 1’ and John Doe # 2.’

In part, Simels told the CS that John Doe # 1 was crucial to the government’s case against Khan, explaining that the entire case “is based upon (John Doe # 1).”

Irving inquired if the CS knew the whereabouts of John Doe # 1’s wife and girlfriend, Simels and Irving agreed that the CS could assist Khan by helping him to locate possible government witnesses and/or the witnesses’ family members, they further told the CS that if the CS were to testify, the CS would need to lie about certain things.

For example, in one portion of the conversation, Simels and the CS in the presence of Irving, had the following exchange:

Simels: Now, I guess this, the big question really, um, clearly we are not saying, we’ll never say that Roger (Khan) is involved in any drug dealing, we’re going, he is going to be described to the jury as somebody who builds homes, somebody who got, ah, truck, uh, bus, whatever you want to call it, that feeds homeless children, uh, that he is in the timber business.

CS: True.

Simels: So, I know earlier you said that, that Roger, you described him as a boss, uh, but we certainly would not want to describe him as a drug dealer…

CS: No, we don’t want…

Simels: But we certainly don’t want to…

CS: True….

Simels: Describe him as being the boss…

CS: True, True I understand…

Simels: Ok.

It was related that during a June 11, 2008 meeting, Simels and the CS discussed numerous topics including a plan to locate certain suspected government witnesses and convince them not to testify at Khan’s trial.

Simels told the CS that he wanted John Doe # 1 “not to testify,” or “we need to know every little detail of his life.”

Simels explained that the government’s whole case, “falls apart” if John Doe # 1 is “neutralized” by us (pause), or neutralized by us on cross-examination.”

Simels further explained that they should explain both options.

The CS observed that John Doe # 1 might rethink his decision to co-operate once his family was contacted.

At one point, the CS observed: “One thing I’ve learnt is that a man whether he is a criminal, he is a preacher, he always values his mother. Because if you’re not sorted with anyone else to be at your side, your mother very likely would be there, you don’t want anything ever to happen to her.”

In further discussing the payment of government witnesses to induce them not to testify, Simels told the CS that: “whatever (Khan’s) got to do financially he is going to do to resolve these issues. (pause) There is money that’s available…the only issue I have to know is just (pause) what. And, and that they can let us know.”

The CS responded that John Doe # 1 could receive visitors (in jail) and suggested that John Doe # 1 might “suddenly get amnesia.”

Simels replied: “That’s a terrible thing, but if it happens, it happens.”

In further discussing the plan to “neutralize” John Doe # 1, Simels asked the CS, “what kind of money do you think we are talking about?”

The Special Agent opined that the CS understood this to mean, the amount of money necessary to corruptly influence John Doe # 1.

In the context of discussing the plan to “eliminate” and “neutralize” witnesses, in particular John Doe # 1, the CS asked Simels about the possibility of “heat “coming back to Khan if a government witness stops cooperating and refuses to testify because someone close to him or her, “fall(s) off the face of the earth.”

Simels replied: “They’d have to figure out a way to tie it back to Roger (Khan). (pause) but (pause) it seems to me that, that (pause) I’m going to leave it to you to figure out what’s going to best get to him (John Doe # 1)”

Prior to leaving, the CS informed that he/she would require some money to cover some expenses, that the CS would incur in locating and “neutralizing” government witnesses, including the cost of acquiring prepaid and unregistered cell phones.

Simels concluded by telling the CS that he would be in contact with the CS after, ‘we see Roger (Khan) tomorrow.”

A review of prison visitation records revealed that two days later on June 13, 2008, Irving visited Khan. On the same day, Simels sent the CS an e-mail that read: “Simply (Khan) says be careful in your efforts to gather information, and do not do anything that can be misconstrued by anyone. These are difficult times and people will draw the most unfavourable inferences. So be cautious. Have authorization for payment for gathering materials.”

On June 19, 2008, the CS and Simels agreed to meet at his office.

Prior to the meeting, investigators supplied the CS with a recording device and surveilled the CS entering the building of Simels’ Law Office.

It was during that meeting that Simels allegedly paid the CS.

During his 30-year career, Simels has represented several dangerous criminals as well as A-list stars.

He has defended the likes of Kenneth “Supreme” McGriff, a notorious gang leader who built a crack empire in Queens and had two rivals assassinated in 2001; former New York Jets stars Marc Gastineau and Ken O’Brien; and mobster-turned-rat Henry Hill, whose life was the basis for the hit movie, “Goodfellas.”

Shaheed ‘Roger’ Khan is charged with: (a) being the principal administrator of a continuing criminal enterprise, which carries a mandatory life sentence; (b) conspiring to import cocaine; (c) conspiring to distribute and posses with intent to distribute, (d) engaging in an international distribution conspiracy, and (e) multiple substantive counts of importing and distributing cocaine.

Trial in Khan’s case is scheduled to commence on November 3, 2008.

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