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Judges affirm rulings in Iraq name-selling case

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The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.

The Circuit Court consolidated six appeals of Shaaban Hafiz Ahmad Ali Shaaban's post-judgment motions following his convictions in 2006 on six counts, including conspiracy and violating the Iraqi Sanctions under the International Emergency Economic Powers Act. Shaaban traveled to Iraq in late 2002 where he offered to sell the names of U.S. intelligence agents to the country for $3 million dollars, as well as broadcasted messages of support for the Iraqi government on Iraqi media stations that encouraged Iraqis and others to forcibly resist the U.S. He was sentenced to 160 months in prison.

The Circuit Court decided only two of Shaaban's appeals merited discussion. In United States of America v. Shaaban Hafiz Ahmad Ali Shaaban, Nos. 08-4124, 08-4278, 09-1206, 09-1330, 09-2251, and 09-2277, the judges found the District Court didn't abuse its discretion when it denied Shaaban's motion for a new trial based on newly discovered evidence. They agreed with the lower court's reasoning that the evidence was known to Shaaban or readily ascertainable before trial, was needlessly cumulative, or was unlikely to lead to acquittal in a new trial.

The judges also considered Shaaban's appeal of the adverse ruling on a motion to reconsider the denial of his demand for the return of seized property. In October 2008, the District Court issued an order that said if Shaaban wanted to pursue the return of his property, he would have to file a new civil action and pay the filing fee or request leave to proceed in forma pauperis. In December 2008, he moved for reconsideration of that decision because he said he couldn't afford the filing fee.

Shaaban argued that the District Court erred in requiring him to start all over and file a new civil action. The judges noted Shaaban would have a point if he had appealed the October order instead of the December order.

"Further still, although the district court may have erroneously required him to start over with a new civil complaint, nothing is really lost because he can still do just that," stated the per curiam opinion. "Shaaban - whose criminal proceeding in the district court closed in January 2006 - has six years from the close of his criminal proceedings to initiate an action for return of his property."

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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