CHARGESHEET

PERSONALDATA

1. NAME OF ACCUSED :

Encep Nurjaman ; MOHAMMED NAZIR BIN LEP; Mohammed Farik Bin Amin

2.ALIASESOFACCUSED:

SEE APPENDIX A

3. ISNNUMBEROF ACCUSED(LAST FOUR):

Encep Nurjaman(10019) ; MohammedNazir Bin Lep ( 10022); MohammedFarik Bin Amin ( 10021);

CHARGESANDSPECIFICATIONS

4. CHARGE: VIOLATIONOFSECTIONANDTITLEOFCRIMEINPARTIVOFM.M.C.

SPECIFICATION:

See Attached Charges and Specifications .

SWEARINGOF CHARGES

5b. GRADE 5c. ORGANIZATIONOF ACCUSER. NAME OF ACCUSER(LAST, FIRST, MI)

Gentry, Megan L. 0-5 /Lt Col Officeof MilitaryCommissions

5d. SIGNATUREOF ACCUSER 5e. DATE (YYYYMMDD)

AFFIDAVIT : Before me, the undersigned, authorized by law to administer oath in cases of this character, personally appeared the above namedaccuser the of April 2019 and signed the foregoing charges and specifications under oath that he /she is a person

subject to the Uniform Code of Military Justice and that he she has personal knowledge ofor has investigated the matters set forth therein andthat the same are true to the best of his/her knowledge and belief.

Kambhampaty, Ravi T.TypedName of Officer

OfficeofMilitary CommissionsOrganization of Officer

/ CPT

Grade

Judge Advocate, Article 136( a ) 1)OfficialCapacity to Administer Oath

(SeeR.M.C.307(b ) mustbe commissionedofficer)

Signature

MC FORM 458 JAN 2007

IV . NOTICE TO THE ACCUSED

6. On 19 April 2019 the accusedwasnotified of the chargesagainsthim /her (See R.M.C.308).

Hracho, Matthew R. 0-4Typed Name and Grade ofPerson WhoCaused

Accusedto BeNotifiedofCharges

Office ofMilitary CommissionsOrganization of the Person Who Caused

Accused to Be Notified ofCharges

Signature

V. RECEIPTOF CHARGESBYCONVENINGAUTHORITY

at7.The charges were received at1405 hours,on 8 October

Arlington , VirginiaL.Wilkins

Location

Forthe ConveningAuthority

Typed Name ofOfficer

GS - 15Grade

Signature

VI. REFERRAL

8b. PLACE (YYYYMMDD )8a. DESIGNATION OF CONVENING AUTHORITY

ConveningAuthority, 10 U.S.C. ,

designatedon 17April 2020Alexandria, VA 20210121

21-01Referredfortrial tothe (non) capitalmilitarycommissionconvenedby militarycommissionconveningorder

dated21January2021

subject to the following instructions The charges against the above named accused willbe tried at a joint trial with the trials of Encep Nurjaman and Mohammed Farik Bin Amin

Directionthe ConveningAuthority��

Command, Order, or Direction ConveningAuthority, Chapter47ADonnaL.Wilkins, GS15 of Title 10 U.S.C.

Typed Name and Grade of Officer Official Capacityof OfficerSigning

VII. SERVICE OF CHARGES

9. On to be) serveda copy these chargesonthe abovenamedaccused.

Typed Name of Trial Counsel GradeofTrialCounsel

Signature of Trial Counsel

FOOTNOTES

R.M.C.601 concerning instructions. If none, so state.

MC FORM 458 JAN 2007

CONTINUATION SHEET - MC Form 458, Block II. Charges and Specifications in the case ofthe United States of America v . Encep Nurjaman ; UNITED STATES OF AMERICA V.MOHAMMED NAZIR BIN LEP; United States of America v. Mohammed Farik Bin Amin

COMMON ALLEGATIONS

These common allegations set forth the manner and means by which the accused, EncepNurjaman, a / k / a Riduan bin Isomudin, a / a HAMBALI,” Mohammed Nazir bin Lep, a / / aLILLIE , ” and Mohammed Farik bin Amin , a / k / a “ ZUBAIR , ” (see Appendix A for a list of

aliases) and their co -conspirators participated in a common plan and agreement, and aided,abetted, counseled, commanded , and procured the commission of each of the offenses listed atCharges I though IX. Further, these common allegations set forth the manner and means bywhich the accused, by virtue of their positions , knew , had reason to know , and should haveknown that their co -conspirators were about to commit such acts and had done so and that theaccused failed to take the necessary and reasonable measures to prevent such acts.The accused , people subject to trial by military commission as alien unprivileged enemybelligerents, did, from multiple locations in or around Afghanistan, Southeast Asia and otherlocations, in the context ofand associated with hostilities, from approximately January 1993,through approximately August 2003 , knowingly conspire and agree with each other Usama binLaden, a / k / a UBL (UBL), Khalid Shaikh Mohammad, a / k / a Mukhtar, a /k / a KSM (KSM) , AbuHafs al-Masri, a / k / a Mohammed Atef (al-Masri) , Abu Bak’r ( Ba’aysir ), AbdullahSungkar ( Sungkar ), and other individuals, known and unknown ( see Appendix B for a list ofco -conspirators and aliases), to commit substantive offenses triable by military commission,including murder inviolation of the law ofwar, attempted murder in violation of the law of war ,intentionally causing serious bodily injury , terrorism , attacking civilians, attacking civilian objects,and destruction of property in violation of the law of war . To that end, the accused and their coconspirators committed the following overt acts to accomplish the objectives and purposes ofthe conspiracy

1/13/21

1. In the mid- 1980s, HAMBALI, then in his early 20s , went to Malaysia. There, he metAbdullah Sungkar and Abu Bak’r , who later founded the Southeast Asian terroristorganization Jemaah Islamiyah (JI). HAMBALIcame to believe that he was obligated topersonally practice “ jihad ,” which he understoodas using violence to advance the interests of theIslamic faith and to oppose enemies of Islam . With Sungkar’s encouragement, HAMBALItraveled to Afghanistan in 1986 or 1987 and fought with Muslimsagainst Soviet forces.

2 . In1996, KSM, a senior leader oftheinternationalterrorist organizational Qaeda, brokereda meetinginAfghanistanbetweenUsamabinLaden(UBL), al Qaeda's leader, and Sungkar andBa’aysir, JI's senior leaders. The JI leaders agreedto partner with al Qaeda injihad.

3 . InAugust 1996, UBLpublicly called for attacks on U.S. military personnel serving on theArabian Peninsula, inwhat he referred to as a “ Declaration ofHoly War Against the AmericansWho Are Occupying the Land of the Two Holy Places.”

4 . In 1997 , HAMBALI became the leader ofMantiqi 1 one of four organizationalregions. Inthis capacity, and in furtherance of his belief in the duty to carry out violent jihad, from1997 until at least 2000, HAMBALI recruited prospective jihadi fighters in Southeast Asia, toinclude Malaysia and Singapore, and facilitated their travel to other countries inorder to receive

CONTINUATIONSHEET- MCForm458, BlockII. Chargesand Specificationsinthe case ofthe UnitedStatesofAmericav . EncepNurjaman; UNITEDSTATESOF AMERICAV.MOHAMMEDNAZIRBINLEP UnitedStatesofAmericav. MohammedFarikBinAmin

military training, including mixing and handling explosives. The training locations includedAfghanistan and the Philippines.

5 . In 1997, HAMBALI sent Abdul Aziz, a / k / a Imam Samudra (Samudra ), Noordin Mat Top,a / k / a Top (Top), and Dr. Azahari Husin (Dr. Azahari) to the Philippines to receive militarytraining. Dr. Azahari eventually became an explosives expert and participated inbuildingexplosive devices for several terror attacks. Samudra and Top eventually participated inthe 2002terror bombings in Bali, Indonesia, and Top inthe 2003 terror bombing of the J.W. Marriott Hotelin Jakarta, Indonesia ( both discussed in detail below).

6 . In 1998, UBL issued further calls for violent jihad against the United States and its allies.In February 1998, UBL issued a fatwah, or purported religious ruling, declaring that “ to killAmericans and their allies, both civilian and military , is the individual duty of every Muslim ableto do so, and in any country where it is possible ” or words to that effect. UBL’s fatwahfurther declared it is “ God's order to kill Americans and plunder their wealth wherever andwhenever they find it,” words to that effect . UBL repeated this call to attack the United Statesduring a May 1998 interview with ABC News, during which he also stated, “We do notdifferentiate between those dressed inmilitary uniforms and civilians. They are all targets in thisfatwah. ” UBL further stated that ifhis demands were not met, al Qaeda would “ send ” to theUnited States the wooden boxes and the coffins ” containing the corpses of American troops andthe American civilians.

7. After UBL’s fatwah and until on or about October 2001, HAMBALI recruited jihadifighters in Southeast Asia, to include Fateh Bafana, a / k / a Fathi (Fateh Bafana ), Zulkepli binMarzuki, a / k / a Zulkifli (Marzuki), Jack Roche (Roche), Mohamed Ellias (Ellias) , Muhammad Rais(Rais), Ja'afar Bin Mistooki (Mistooki) , and others, and facilitated their travel to Afghanistan totrain for and practice jihad.

8 Between 1999 and the first halfof 2000, at a Mosque in Malaysia , HAMBALI delivered asermon on jihad to LILLIE and others . LILLIE told HAMBALI that he (LILLIE) was willingto travel for jihad.

9 . Inor about June 2000, HAMBALIarranged for LILLIEandZUBAIR , to travel toAfghanistanso that they could train for jihad withal Qaeda. HAMBALIprovidedbothLILLIEand ZUBAIR with airlinetickets for travel from Malaysiato Pakistanand coordinatedtheir illegalbordercrossing into Afghanistan. InaccordancewithHAMBALI'splan LILLIEand ZUBAIRtraveled from Malaysiato Qandahar, Afghanistan, where they stayedat an al Qaeda guesthouse.Beginninginapproximatelyearly July 2000, LILLIEand ZUBAIR attended approximatelytwomonths ofbasic military trainingat anal Qaeda camp near Qandahar.

10. While inAfghanistan , in accordance with the common practice for jihad fighters to adopt apseudonym , LILLIE adopted the name “ Bashir, ” and ZUBAIR adopted the name “ Ahmed alFilipini.”

CONTINUATION SHEET - MC Form 458, Block II. Charges and Specifications in the case ofthe United States ofAmerica v . Encep Nurjaman; UNITED STATES OF AMERICA V.MOHAMMED NAZIR BIN LEP; United States ofAmerica v . Mohammed Farik Bin Amin

11. In late 2000, HAMBALI arranged for Masran Bin Arshad , a /k / a Abdul Aziz (Masran) toreceive basic training similar to that arranged for LILLIE and ZUBAIR .

12. In or around September 2000, LILLIE traveled to the front lines of the battle between theTaliban and the Northern Alliance near Kabul, Afghanistan. There, LILLIE guarded Talibanpositions and receivedbasic training on using a surface-to -air missile (SAM) .

13. Betweenapproximately October 2000 and December 2000, ZUBAIR helpedtreat woundedfighters at an al Qaeda medical clinic near Qandahar, Afghanistan.

14. Between inor around November 2000 and in or around March 2001, at or near Qandahar,Afghanistan , LILLIE continued to hone his military training from al Qaeda, to include urbanwarfare, the use of SAMs and rocket propelled grenades (RPG ). After completing this training,LILLIE worked for several months as a “ storekeeper at an al Qaeda camp, maintaining inventoryof the camp's property , including RPGs, SAMs, explosives , and clothing.

15. Beginningin or aroundFebruary2001, at the “ Al Farouq” trainingcamp in Afghanistan,ZUBAIRreceivedadvancedtraining from al Qaedaintactical movements, ambushes, landnavigation, and guerrillawarfare. He also trained and helpederect buildingsat anothercamplocatedabout a 45-minutewalk awayfromAlFarouq.

16 Between in or around June 2000 and November 2001, while LILLIE and ZUBAIR were

training in Afghanistan , UBL visited their training sites . UBL spoke about jihad and the duty tofight Americans . Knowing this, LILLIE and ZUBAIR willingly remained and continued theirtraining and preparation for combat .

SINGAPORE PLOT

17. Sometime after UBL's fatwah, at or near Johor Bahru, Malaysia, HAMBALIorderedthe formation of a special group ofJI members in Singapore ( the “ Singapore Special Group .HAMBALItasked this groupwith identifyingU.S. military and civiliantargets in Singapore. Inaccordance with HAMBALI'sorder, the Singapore Special Group, ledby HashimAbas,conducted video surveillance of a bus station in Singaporeused by U.S. militarypersonnel.HAMBALIgave this video to JI memberFaiz Abu Bakr Bafana, a / k / a Mahmoud( Faiz Bafana)and orderedhimto draft a planto attack U.S.military andciviliantargets in Singapore.

18. On or about May 1999, at or near Kuala Lumpur, Malaysia, HAMBALI approved FaizBafana's planto attack the Singapore bus station. HAMBALIordered Faiz Bafana to travel toAfghanistan and present the plan to al Qaeda leader leader Abu Hafs al Masri, a / k / a MohammedAtef (Abu Hafs). Abu Hafs agreed that al Qaeda would supply money and suicide bombers for theattack, but directed that JI would have to supply the explosives.

19. Inor aroundApril 2000, JI and al Qaedamembersdiscussedan alternativeplan for anattackonU.S. targetsnear Singapore specifically, a plan to attack U.S.Navywarships inthe

CONTINUATIONSHEET - MC Form458, Block II. Charges and Specificationsin the case ofthe United States ofAmericav . Encep Nurjaman; UNITEDSTATESOF AMERICAV.MOHAMMEDNAZIRBINLEP; UnitedStates ofAmericav . MohammedFarik Bin Amin

Johor Straits. KSM sent al Qaeda operativeAbu HazemSharqi, a / k / a / Bandar, (Bandar) toSoutheastAsia to work onthis plan. Inor aroundDecember2000, HAMBALIfacilitatedmeetingsbetweenBandarand membersof JI, includingFathurAbd al Rahmanal Ghozi, a /k / aSa'ad (al Ghozi), who helpedthem obtainexplosives.

20 . In or around December 2000, HAMBALI ordered Faiz Bafana to carry out videosurveillance of U.S. warships in Singapore. Faiz Bafana enlisted his brother, Fateh Bafana, to helpwith this surveillance. Shortly thereafter, Fateh Bafana, al Qaeda associate Mohammed Jabarah ,a / k / a Ahmad, a /k / a, Sammy, a / k / a Amat ( Jabarah ), Mohamed Ellias, and other JI membersconducted video surveillance of U.S. military warships in Singapore. The Singapore plotultimately failed , and HAMBALI later planned an alternative to this plot.

AUSTRALIA PLOT

21 Inor aroundearly 2000, in KualaLumpur, Malaysia, HAMBALItasked AustralianJImemberRocheto identifyU.S.and Israeliinterests inAustralia, including airlines, embassies, andconsulates. HAMBALIcoordinated and funded Roche's travel to Afghanistan, where Rochereceivedbasic military trainingand met with al Qaeda members KSM, Saifal Adel, and AbuHafs,who directed Rocheto surveilU.S.and Israeli targets inAustralia for possible attack. KSM gaveRoche approximately$4,000 to conduct the Australia surveillance, and told Roche thatHAMBALIwould give Rocheadditional money for the operation.

22 . Inor around early 2000, Roche returned to Kuala Lumpur, Malaysia , where he again metwith HAMBALI. Roche presented HAMBALI with a note from KSM, and HAMBALI andRoche discussed the proposed terrorist attack inAustralia , including that HAMBALI was to giveRoche additional money . A few weeks later, at or near Kuala Lumpur, HAMBALI gave Rocheadditional money for the operation . In June 2000, using the money received from HAMBALI,Roche conducted video surveillance of the Israeli consulate in Sydney , Australia , and the U.S. andIsraeli Embassies in Canberra, Australia .

CHRISTMAS EVE 2000 BOMBINGS ININDONESIA

23 In mid-2000, at or near Kuala Lumpur, Malaysia, HAMBALI held a joint meeting ofalQaeda and JI members to discuss proposed operations in Singapore ( described above ) and a plan tobomb Christian churches in Indonesia on Christmas Eve.

24. Inor around September 2000 , at or near Surabaya, Indonesia, HAMBALI met with AliImron ( Imron ), Utomo Pamungkas, a / k / a Mubarok , (Mubarok ) and Amrozi bin Nurhasyim , andtold them about the plan to bomb churches in Indonesia. HAMBALI gave Amrozi money for theoperation and ordered the group to make small bombs disguised as Christmas gifts.

25. On or aboutNovember25, 2000, at or near Batam , Indonesia, HAMBALIorderedAbdulRahimBa’aysir (Rahim ), HashimAbbas, and Mistookito wait in a hotel for further instructions.Samudra– whom HAMBALIhad earliersent to the Philippinesto train for jihad met the group

CONTINUATIONSHEET - MC Form458, Block II. Charges and Specificationsinthe ofthe United States of Americav . Encep Nurjaman; UNITEDSTATES OF AMERICA V.MOHAMMEDNAZIRBINLEP; UnitedStates ofAmericav. MohammedFarikBinAmin

and briefed them on the plan to surveil and bomb churches . Hashim Abbas , Mistooki, Rahim ,Mubarok , Imron , and other co - conspirators surveilled churches and built bombs . On December 24( Christmas Eve) of 2000 , HAMBALI’S -conspirators carried out the attacks on the civilianpopulation and civilian property , killing more than a dozen Indonesian civilians.

PHILIPPINES PLOT

26. Inor aboutDecember2000, HAMBALIand Faiz Bafanamet al Ghozi in Manila,Philippines, to discusspotentialattacksagainst theU.S.and Israeliembassiesin Manila.HAMBALIandFaizBafanasurveilledthese embassiesand otherpotentialU.S.targets in Manila.

27 . In or around September 2001, at or near Karachi, Pakistan , HAMBALI met with KSM andal Qaeda associate Jabarah . HAMBALI gave Jabarah information about the Philippines operationand provided him with contact information for JI members in Malaysia who were involved in theplanning

28. In September or October 2001, Jabarah traveled to Manila, Philippines. There, he met withal Ghozi and other co- conspirators and conducted surveillance of the U.S. and Israeli embassies.

29. Inor around December2001, at or near KualaLumpur, Malaysia, HAMBALImetwithJabarah andother co -conspirators to discuss the proposedPhilippinesand Singapore operations.HAMBALIorderedthe Philippinesattack because explosiveswere already inthe Philippinesandthe attack could be executed sooner. The Philippinesplotultimatelyfailed .

POST-9/ 11PLOTTARGETINGTHEUNITEDSTATES

30 For several months leading up to the attacks of September 11, 2001 , HAMBALI operatedthe “ Philippine House , a guesthouse in Afghanistan at which LILLIE, ZUBAIR , Masran, andfellow Southeast Asian associates Yazid Sufaat and Abu Rahim , a /k / a Abu Harris ( Abu Harris)stayed The term “ Philippine House” was a cover intended to disguise the fact that Malaysianswere living there .

31. Inor around October 2001 after the attacks of September 11, 2001, and with knowledgethat UBL and al Qaeda had directed and carried out those attacks at or near Qandahar,Afghanistan, HAMBALI selected four co -conspirators LILLIE, ZUBAIR, Masran, and NikAmran bin Mustafa, a / k / a Afifi (Afifi) to participate ina terrorist operation targeting civilians inthe UnitedStates.

32. Inor around October2001, as part ofthe planningfor this operation, HAMBALIarrangedfor the four co- conspirators, LILLIE, ZUBAIR , Masran, andAfifi, to meetUBL inor nearKabul,Afghanistan. The four co -conspirators traveledto Kabulandmet UBL. They agreedto take part inan al Qaeda suicide operationto attackAmericansand swore a personaloath of loyalty (“ba’yatto UBL.

CONTINUATIONSHEET - MC Form458 BlockII. Charges and Specificationsin the case ofthe UnitedStates ofAmericav . EncepNurjaman; UNITEDSTATESOF AMERICAV.MOHAMMEDNAZIRBINLEP UnitedStates ofAmericav . MohammedFarik BinAmin

33 . In or October 2001, HAMBALI arranged a meeting between Masran and KSM inQandahar, Afghanistan . KSM gave Masran instructions for a future task to transport money forHAMBALI to Bangkok , Thailand. KSMtold Masran that HAMBALIwould know what to dowith the money

34. Inor around November 2001 Masran orderedLILLIE, ZUBAIR, and Afifi to return toMalaysiavia Thailand in order to get new passports. Onor aroundDecember26, 2001, LILLIE,ZUBAIR, andAfifi traveledtogether from Pakistan to Thailand. Masran was arrested, and theplanto attack the UnitedStates was therefore cancelled. Around the same time, HAMBALIalsoinstructedLILLIEand ZUBAIRto join him inBangkok, Thailand.

LILLIE AND ZUBAIR’S SUPPORTTO HAMBALI

AND PREPARATIONFOR ATTACKS

35 . After returning to SoutheastAsia from Pakistan, LILLIEand ZUBAIRused Thailandas abase ofoperations. They also traveled to Cambodia for operational purposes. Duringthis period,from the end of2001until on or about August 2003 and includingthe periodsbefore, during, andafter the October 12, 2002 Balibombings (discussed below ) LILLIEand ZUBAIRhelpedHAMBALItransfer money for operations, andobtain and store items such as fraudulentidentificationdocuments, weapons, and instructionsonhow to make bombs. On HAMBALI'sorders, LILLIEand ZUBAIRalso conducted surveillance for potential attacks on airport inBangkok, Thailand.

36 On multipleoccasions, between January 2002 and August 2003, inor near Bangkok,Thailand, Dr. Azahari trained LILLIE and ZUBAIR on making bombs. LILLIE also receivedCD-ROMs containing bomb-making instructions from HAMBALIand, on HAMBALI's ordersstored these CD-ROMs inan apartment inBangkok.

37. From the end of 2001 until on or about August 2003 , HAMBALI gave LILLIE andZUBAIR money to buy fraudulent identification documents for HAMBALI . On multipleoccasions , LILLIE helped obtain fraudulent identification documents for HAMBALI.

38 . Between in or around early 2003 through mid-2003 , in Cambodia , ZUBAIR bought an M16 rifle, a handgun, and ammunition for HAMBALI's use and smuggled them into Thailand.ZUBAIR also tried to buy explosives and a SA-7 SAMin Cambodia.

39. On two separate occasions inearly 2002, HAMBALIordered LILLIEto surveil an Israeliairline counter at an airport in Bangkok, Thailand, as part ofa planto conduct an attack targetingIsraeli airline customers. HAMBALIalso ordered ZUBAIR to surveil the counter of an Israeliairline counter at an airport in Bangkok, and to determine how many people were near the counterduring the busiest time of the day. On multiple occasions in 2002 and 2003, ZUBAIR alsosurveilled the Israeli embassy inBangkok on his own initiative.

CONTINUATION SHEET - MC Form 458, Block II. Charges and Specifications inthe case ofthe United States ofAmerica v . EncepNurjaman; UNITED STATES OF AMERICA V.MOHAMMED NAZIR BINLEP; United States of America v . Mohammed Farik Bin Amin

2002 BALIBOMBINGS

40 . Between on or about December 2001 and on or about February 2002, in Thailand,HAMBALI met with Marzuki, Top, Dr. Azahari, Mukhlas, and other co - conspirators.HAMBALI ordered the group to plan an operation to replace the Singapore Plot (discussed above)and to target embassies, Israeli buildings, and locations frequented by tourists such as bars, cafes,and nightclubs. HAMBALI said that he could get al Qaeda funding for such attacks. Around thesame time, HAMBALI also instructed LILLIE and ZUBAIR to join him in Bangkok, Thailand(as stated above in common allegation 34).

41. In or around January 2002, HAMBALI met with Jabarah in Thailand. HAMBALI toldJabarah that he planned to have his group conduct small bombings inbars, cafes, or nightclubsfrequented by “Westerners ” in Indonesia, Malaysia , the Philippines, and Thailand . HAMBALItold Jabarah that he had one ton of explosives in Indonesia.

October42. Inor aroundAugust 2002, co -conspiratorsMubarokand Amrozidelivereda MitsubishiL300 van to co -conspiratorsImronandJhoni Hendrawan, a / k / a Idris ( Idris), inBali, Indonesia.Onor about September9 2002, Idris, Joko Pitonoa / k / a Dulmatin, a / k / a Abdul Matin( AbdulMatin ), Abdul Ghoni, Amrozi, Mubarok, and Imronsurveilledareas inBalito identifya target tobomb.

43 . Inmid-2002, HAMBALI told LILLIE to meet an Arab , “Mansour , would betraveling to Thailand to deliver money . Mansour obtained LILLIE'S phone number fromHAMBALI and contacted LILLIE when he arrived in Thailand . LILLIE and Mansour had lunchat the Bangkok Marriott Hotel , where Mansour gave LILLIE a plastic bag containing money .LILLIE later gave that money to HAMBALI.

44. In September and October 2002, Dr. Azahari, Amrozi, Mubarok, Imron, Samudra,Mukhlas, Umar Patek , and others fabricated a suicide vest, and built and installed a bomb intheMitsubishi L300. They also built a bomb to be used against the U.S. Consulate in Bali, Indonesia.

45. Knowingthat the bombingwas imminent, HAMBALIinstructedMarzukito rent a hotelroomwitha televisionthat carriedCNNso that he couldwatch televisioncoverageof the bombing.HAMBALIalsokeptincontact with Mukhlasbefore, during, and after theBaliattacks, untilMukhlas'sarrest in December2002.

46. On October 12, 2002, a group ofco- conspirators attacked the civilianpopulation andcivilian property at Paddy's Pub on LegianStreet, Sari Club on Legian Street, and the U.S.Consulate, all located in Bali, Indonesia. One suicide bomber walked intoPaddy's Bar anddetonatedthe suicide vest. A second suicide bomberdrove the explosives- laden MitsubishiL300van to a locationnear the Sari Club and detonated the bomb. Finally, Imronplaceda third bombon a sidewalk near the U.S. Consulate, and Idris remotelydetonated it using a cellular telephone.Collectively, the attacks killed approximately 202 civilians, including sevenU.S.civiliancitizens

CONTINUATIONSHEET- MC Form458, Block II. Charges and Specificationsinthe caseofthe UnitedStates ofAmerica v. EncepNurjaman; UNITED STATES OF AMERICA V.MOHAMMEDNAZIRBINLEP; UnitedStates ofAmericav. MohammedFarikBinAmin

(See Charge Sheet Appendix C for list of victims killed in attack ), injured at least 28 civilians ( SeeCharge Sheet Appendix D for list of victims injured ), and destroyed civilian buildings.

2003 J.W.MARRIOTTBOMBING IN JAKARTA

47. On or about late 2002, HAMBALItold ZUBAIRthathewouldreceivemoneyfrom alQaeda. ZUBAIRunderstoodthatwhenal Qaeda sent money, it was to be usedfor an “ operation”in whichpeoplewouldbekilled.

48 . KSM and Ali Abdul Aziz Ali a / k / a Ammar al Baluchi (Ali) directed Majid Shoukat Khan( Khan) to deliver $50,000 to HAMBALI to fund an attack HAMBALI directed ZUBAIR toserve as an intermediary and to receive the money from Khan on HAMBALI's behalf. KSMdirected Khanto retrieve the money in Bangkok from a hawala - an underground banking systembased on trust whereby money can be made available internationally without actually moving it orleaving a record of the transaction so as to avoid traveling and passing through customs whilecarrying a large amount ofcash. Ali Abdul Aziz Ali provided Khan with ZUBAIR's phonenumber in Thailand and the phone number for a Bangkok -based hawaladar a hawala dealer.

49 . On or about December 24, 2002, Khan and his wife traveled from Pakistan to Bangkok ,Thailand . As instructed, he retrieved $50,000 from a Bangkok -based hawala. On or aboutDecember 28 , 2002, Khan notified Ali that he had successfully received $50,000 and that he woulddeliver the money to ZUBAIR .

50. On or around December28, 2002, inBangkok, Thailand, Khandelivered $30,000 of alQaedamoney to ZUBAIR. The two arrangedto meetagainlater in order to transfer additionalmoney

51. On or about December 28, 2002, at or near Bangkok , Thailand , ZUBAIR and Khan met asecond time. Khan delivered an additional $20,000 of al Qaeda money to ZUBAIR .

52. On or about December 28, 2002, on HAMBALI's orders, ZUBAIR took the $ 50,000 hehadreceived from Khan and stored it for safekeeping inthe apartment he shared with LILLIE inBangkok Thailand.

53 . In or around January 2003 on HAMBALI's orders, ZUBAIR met with a second al Qaedamoney courier at or near Bangkok, Thailand . At this meeting, the courier gave ZUBAIRapproximately $ 49,900 . ZUBAIR stored this money in the apartment he shared with LILLIE inBangkok

54. In the spring of2003, HAMBALIdirectedLILLIEto deliveral Qaedamoneyto Indonesiaandthe Philippines. HAMBALItold LILLIEandZUBAIR that HAMBALIwas sendingmoneyto Indonesiafor two reasons, oneofwhichwas to fund an upcomingoperation.

CONTINUATIONSHEET- MC Form458, Block II Charges and Specificationsinthe case ofthe UnitedStates ofAmericav. EncepNurjaman; UNITED STATES OF AMERICA V.MOHAMMEDNAZIRBINLEP; UnitedStates ofAmericav. MohammedFarikBinAmin

55. Inthe springof2003, LILLIEmetwith a friend, MuhammadNazir binIsmail, a / k / a Johan( Johan), at a restaurantinHatYai, Thailand. LILLIEinstructedJohanto delivermoney toIndonesia. Duringthe meeting LILLIEgave Johan money, recognitioncodes, and a codenameandphone number for the individualinIndonesiawho wouldreceivethe money.

56 . Johan delivered the money to JI associate Mohammed Ikhwan , a / k / a Agus , a / k / a Ismail,(Ismail) at the Dumai Harbor in Sumatra, Indonesia. Johan then notified LILLIE that the deliverywas complete. Sometime thereafter, HAMBALI told LILLIEthat the money which Johan haddelivered to Indonesia was intended for Dr. Azahari.

57. After receivingthe money, Ismail took it to a rented room in Lampung, Sumatra, Indonesia,where he met with Top, Dr.Azahari, Asmir LatinSani (Asmir), and MasrizalBinAli Umar, a / k / aTohir ( Tohir ). Top assigned eachofthe others tasks relatingto the planningand executionofabombingusinga vehicle-borne explosive device.

58 In or around July 2003 , Asmar Tohir rented a house with a garage inJakarta , Indonesia.Tohir and Asmar bought a Toyota truck . Ismail and Dr. Azahari built a bomb to place in the truck .

59. Inor about mid-July 2003 , Ismail, Top, Tohir, Dr. Azahari, Asmar, and others begansurveilling potential targets in Jakarta, Indonesia. They sought a target that was American -ownedand where many Americans were likely to be present. The group selected a set ofpotential targets,one ofwhich was the J.W. Marriott Hotel inJakarta ( Marriott” ). Inor around July of 2003 ,Dr. Azahari and Top chose the J.W. Marriott as the specific target. The group surveilled the J.W.Marriott for approximately one week to determine the time and manner of delivering the bomb thatwould cause the most destruction and loss of life.

60. On August 5, 2003 , the group attacked the civilian population and civilian property at theJ.W. Marriott. Dr. Azahari and Ismail, riding on a motorcycle, escorted Asmar to the J.W.Marriott. Asmar drove the truck bomb into the J.W. Marriott's front entrance and detonated it.The explosion killed 11 civilians (See Charge Sheet Appendix E for a list of victims killed),wounded 81 other civilians (See Charge Sheet Appendix F for a list ofvictims injured ), anddamaged the J.W. Marriott (civilian property).

CONTINUATIONSHEET- MC Form458 Block II. Charges and Specificationsin the case ofthe UnitedStates ofAmericav . EncepNurjaman; UNITED STATESOF AMERICA V.MOHAMMEDNAZIRBINLEP UnitedStates of Americav . MohammedFarik BinAmin

CHARGEI : VIOLATIONOF 10 U.S.C. ( 15), MURDERINVIOLATIONOF THELAWOF WAR

Specification 1: Inthat Encep Nurjaman, a / k / a Riduanbin Isomudin, a / k / a HAMBALI,Mohammed Nazir bin Lep, a / k / a LILLIE, and Mohammed Farik bin Amin , a / k / a ZUBAIR (seeCharge Sheet Appendix A for a list of aliases), persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about October 12, 2002 , at or near Bali,Indonesia, in the context ofand associated with hostilities, intentionally and unlawfully killone ormore persons inviolation of the law ofwar by intentionally detonating explosives inPaddy's Pubon Legian Street, in front of the Sari Club onLegian Street, and the U.S. Consulate locatedin or around Bali, Indonesia. ( See Charge Sheet Appendix C for a list ofvictims killed in the 1/13/21attack ).

The accusedEncepNurjaman, a / k / a Riduanbin Isomudin, a / k / a HAMBALI, MohammedNazirbinLep, a / a LILLIEandMohammedFarik binAmin, a / k / a ZUBAIR, are liablefor the aboveallegedoffense as principals, as co-conspirators, andas participantsina commonplanas set forthunderthe “CommonAllegations."

Specification 2 : Inthat Encep Nurjaman, a / k / a Riduanbin Isomudin, a / k / a HAMBALI,Mohammed Nazir bin Lep, a / k / a LILLIE, and Mohammed Farik binAmin, a / k / a ZUBAIR (seeCharge Sheet Appendix A for a list ofaliases) , persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about August 5 , 2003, at or near Jakarta,Indonesia, in the context ofand associatedwith hostilities, intentionally and unlawfully kill one ormore persons inviolation of the law ofwar by intentionally detonating a vehicle ladenwithexplosives in front of the J.W.Marriott Hotel located inor around Jakarta, Indonesia. (See ChargeSheet Appendix E for a list ofvictims killed in the attack ).

The accused EncepNurjaman, a / k / a RiduanbinIsomudin, a / k / a HAMBALI, MohammedNazirbin Lep, a / k / a LILLIE, and MohammedFarik bin Amin, a / k / a ZUBAIR, are liable for the abovealleged offense as principals, as co -conspirators, and as participants ina commonplan as set forthunder the “ Common Allegations. "

CONTINUATIONSHEET - MC Form458 Block II. Charges and Specificationsin the case ofthe UnitedStates of Americav . EncepNurjaman; UNITEDSTATESOF AMERICAV.MOHAMMEDNAZIRBINLEP; UnitedStates ofAmericav . MohammedFarikBin

CHARGEII: VIOLATIONOF 10U.S.C. 950t(28 ), ATTEMPTEDMURDERINVIOLATIONOF THE LAWOF WAR

Specification 1: Inthat Encep Nurjaman a / k / a Riduanbin Isomudin, a / k / a HAMBALI,Mohammed Nazir binLep, a / k / a LILLIE, and Mohammed Farik binAmin, a / k / a ZUBAIR ( seeCharge Sheet Appendix A for a list ofaliases ), persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about October 12, 2002, at or near Bali,Indonesia, inthe context ofand associated with hostilities, with the specific intent to commitMurder in Violation of the Law ofWar, attempt to intentionally and unlawfully killone or morepersons inviolation of the law ofwar, by detonating explosives in Paddy's Pub on Legian Streetin front of the Sari Club on Legian Street, and near the U.S.Consulate, located inBali, Indonesia,which actions amounted to more than mere preparation and apparently tended to effect thecommission of the offense ofMurder inViolation of the Law of War. ( See Charge SheetAppendix D for a list of victimsinjured).

ANO

1/13/21

The accused Encep Nurjaman , a / k / a Riduan bin Isomudin , a /k / a HAMBALI , Mohammed Nazirbin Lep, a / k / a LILLIE , and Mohammed Farik bin Amin , a / k / a ZUBAIR , are liable for the abovealleged offense as principals, as co -conspirators, and as participants in a common plan as set forthunder the “Common Allegations ."

Specification 2 Inthat Encep Nurjaman, a / k / a Riduan bin Isomudin, a / k / a HAMBALI,Mohammed Nazir bin Lep, a / / a LILLIE, and Mohammed Farik bin , a / k / a ZUBAIR (seeCharge Sheet Appendix A for a list ofaliases) , persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about August 5, 2003, at or near Jakarta,Indonesia, in the context ofand associated with hostilities, with the specific intent to commitMurder in Violation of the Law ofWar, attempt to intentionally and unlawfully kill one or morepersons, by intentionally detonating a vehicle laden with explosives in front of the J. MarriottHotel located in or around Jakarta, Indonesia, which actions amounted to more than merepreparation and apparently tended to effect the commission of the offense ofMurder inViolationof the Law ofWar. (See Charge Sheet Appendix F for a list ofvictims injured ).

The accused Encep Nurjaman , a / / a Riduan bin Isomudin , a / k / a HAMBALI, Mohammed Nazirbin Lep, a / k / a LILLIE , and Mohammed Farik bin Amin , a / k / a ZUBAIR , are liable for the abovealleged offense as principals , as co -conspirators, and as participants in a common plan as set forthunder the “Common Allegations .

CONTINUATION SHEET - MC Form 458 Block II. Charges and Specifications in the case ofthe United States ofAmerica v . EncepNurjaman; UNITED STATES OF AMERICA V.MOHAMMED NAZIR BIN LEP; United States ofAmerica v . Mohammed Farik Bin Amin

CHARGEIII: VIOLATION OF 10 U.S.C. ( 13), INTENTIONALLY CAUSINGSERIOUS BODILY INJURY

Specification 1: Inthat Encep Nurjaman, a / / a Riduanbin Isomudin, a / k / a HAMBALI,MohammedNazir bin Lep, a / k / a LILLIE, and Mohammed Farik binAmin, a / k / a ZUBAIR (seeCharge Sheet Appendix A for a list of aliases ), persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about October 12, 2002, at or near Bali,Indonesia, in the context ofand associated with hostilities, intentionally cause and inflict seriousinjury to the body and healthof one or more persons, with unlawful force or violence, in violationof the law ofwar, by intentionally detonating explosives inPaddy's Pub on Legian Street in frontof the Sari Club on Legian Street, andnear the Consulate, located inor around Bali,

1/13/21Indonesia.

The accusedEncepNurjaman, a / k / a RiduanbinIsomudin, a / k / a HAMBALI, MohammedNazirbin Lep, a / k / a LILLIE, andMohammedFarikbin Amin, a / k / a ZUBAIR , are liable for the aboveallegedoffense as principals, as co -conspirators, and as participantsina commonplan as set forthunderthe “CommonAllegations.

Specification 2: In that Encep Nurjaman, a / k / a Riduan bin Isomudin, a / k / a HAMBALI,MohammedNazir bin Lep, a / k / a LILLIE, and MohammedFarik bin Amin, a / k / a ZUBAIR (seeCharge Sheet Appendix A for a list of aliases), persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about August 5 , 2003 , at or near Jakarta,Indonesia, inthe context ofand associated with hostilities, intentionally cause and inflict seriousinjury to the bodyand healthof one or morepersons,with force or violence, inviolationof the lawsfor war, by intentionally detonating vehicle laden with explosives in front of theJ.W. Marriott Hotel located in or around Jakarta, Indonesia.

Jow

TheaccusedEncepNurjaman, a / k / a Riduanbin Isomudin, a / k / a HAMBALI, MohammedNazirbinLep, a /k / a LILLIE, and MohammedFarikbinAmin, a / k / a ZUBAIR, are liable for the aboveallegedoffenseas principals, as co -conspirators, andas participantsin a commonplanas set forthunderthe “CommonAllegations."

CONTINUATIONSHEET- MC Form458, Block II. Charges and Specificationsinthe case ofthe UnitedStates ofAmerica EncepNurjaman; UNITED STATES OF AMERICA V.MOHAMMEDNAZIRBINLEP; UnitedStates of Americav . MohammedFarik BinAmin

CHARGEIV: VIOLATIONOF 10 U.S.C. (24), TERRORISM

Specification 1: Inthat Encep Nurjaman, a / k / a Riduan bin Isomudin, a / k / a HAMBALI,Mohammed Nazir bin Lep, a / / a LILLIE, and Mohammed Farik bin Amin, a / / a ZUBAIR (seeCharge Sheet Appendix A for a list ofaliases), persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about October 12, 2002, at or near Bali,Indonesia, inthe context ofand associated with hostilities, intentionally kill and inflict greatbodily harm on one or more protected persons and engage in an act that evinced a wantondisregard for human life, ina manner calculated to influence and affect the conduct of

government and civilian population by intimidation and coercion, and to retaliate againstgovernment conduct, by intentionally detonating explosives in Paddy's Pub on Legian Street, infront of the Sari Club on Legian Street, and near the U.S. Consulate located in Bali, Indonesia.( See Charge Sheet Appendix C for a list ofvictims killed in the attack and Appendix D for a listofthe injured persons).

The accusedEncepNurjaman, a / k / a Riduanbin Isomudin, a / k / a HAMBALI, MohammedNazirbin Lep, a / k / a LILLIE, and MohammedFarik binAmin, a / k / a ZUBAIR , are liable for the aboveallegedoffense as principals, as co-conspirators, and as participantsina commonplanas set forthunderthe “CommonAllegations."

Specification 2 : Inthat Encep Nurjaman, a / k / a Riduanbin Isomudin, a / k / a HAMBALI,Mohammed Nazir bin Lep, a / k / a LILLIE, and Mohammed Farik binAmin, a / k / a ZUBAIR (seeCharge Sheet Appendix A for a list ofaliases ) , persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about August 5 , 2003 , at or near Jakarta,Indonesia, in the context ofand associated with hostilities, intentionally kill and inflict greatbodily harm on one or more protected persons and engage in an act that evinced a wantondisregard for human life, ina manner calculated to influence and affect the conduct ofgovernmentand civilian population by intimidation and coercion, and to retaliate against government conduct,by intentionally detonating a vehicle laden with explosives infront of the J. Marriott Hotellocated inor around Jakarta, Indonesia. ( See Charge Sheet Appendix E for a list ofvictims killedin the attack and Appendix F for a list of the injured persons) .

The accused EncepNurjaman, a /k / a RiduanbinIsomudin, a / k / a HAMBALI, MohammedNazirbin Lep, a / k / a LILLIE, and MohammedFarikbinAmin, a / k / a ZUBAIR, are liable for the abovealleged offense as principals as co-conspirators, and as participantsin a commonplan as set forthunder the “Common Allegations.

CONTINUATIONSHEET- MC Form458 Block II. Charges and Specificationsinthe caseofthe UnitedStates ofAmerica v. EncepNurjaman; UNITED STATES OF AMERICA V.MOHAMMEDNAZIRBINLEP; UnitedStates ofAmerica v. MohammedFarik BinAmin

CHARGEV : VIOLATIONOF 10 U.S.C. (2), ATTACKINGCIVILIANS

Specification 1: In that Encep Nurjaman, a / k / a Riduan bin Isomudin, a / k / a HAMBALI,MohammedNazir bin Lep, a / k / a LILLIE, and MohammedFarik bin Amin, a / k / a ZUBAIR (seeCharge Sheet Appendix A for a listofaliases), persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about October 12, 2002, at or near Bali,Indonesia, inthe context ofand associated with hostilities, intentionally engage in an attack on acivilian population to wit: the civilianpopulation of Bali, Indonesia, by intentionally detonatingexplosives inPaddy's Pub on Legian Street, in front of the Sari Club on Legian Street, and near

the U.S.Consulate located inor around Bali, Indonesia, intendingthe objectof theattack to be, 113/21and the object of the attack in fact was, a civilian population as such, and individual civilians nottaking direct or active part inhostilities, and knew or should have knownof the factualcircumstances that established the civilian status. ( See Charge Sheet Appendix C for a list of thecivilians killed and Appendix D for a list ofcivilians injured).

The accused Encep Nurjaman , a / k / a Riduan bin Isomudin , a / k / a HAMBALI , Mohammed Nazirbin Lep, a / k / a LILLIE, and Mohammed Farik bin Amin , a / k / a ZUBAIR, are liable for the abovealleged offense as principals as co -conspirators , and as participants in a common plan as set forthunder the “Common Allegations .”

Specification 2 In that Encep Nurjaman, a / k / a Riduan bin Isomudin, a / k / a HAMBALI,Mohammed Nazir bin Lep, / / a LILLIE, and Mohammed Farik bin Amin , a / / a ZUBAIR (seeCharge Sheet Appendix A for a list ofaliases), persons subject to trial by military commission asalien unprivileged enemy belligerents, did, on or about August 5, 2003, at or near Jakarta,Indonesia, in the context ofand associated with hostilities, intentionally engage inan attack on acivilian population, to wit: by intentionally detonating a vehicle laden with explosives infront ofthe J.W. Marriott Hotel located in or around Jakarta, Indonesia, intending the object of the attackto be, and the object of the attack in fact was, a civilian population as such , and individualcivilians not taking direct or active part inhostilities, knew or should have known the factualcircumstances that established the civilian status. (See Charge Sheet Appendix E for a list of thecivilians killed and Appendix F for a list of civilians injured)

TheaccusedEncepNurjaman, a / k / a Riduanbin Isomudin a / k / a HAMBALI, MohammedNazirbinLep, a / k / a LILLIE, and MohammedFarikbinAmin, a / k / a ZUBAIR, are liable for the aboveallegedoffense as principals, as co -conspirators, andas participantsin a commonplan as set forthunderthe “ CommonAllegations.”

CONTINUATIONSHEET - MC Form458, Block II. Charges and Specificationsinthe caseofthe UnitedStates of Americav . EncepNurjaman; UNITEDSTATES OF AMERICA V.MOHAMMEDNAZIRBINLEP UnitedStates ofAmerica v . MohammedFarik BinAmin

CHARGE VI: VIOLATION OF 10 U.S.C. (3 ), ATTACKING CIVILIAN OBJECTS

Specification 1: Inthat Encep Nurjaman, a / k / a Riduan bin Isomudin, a / k / a HAMBALI,Mohammed Nazir bin Lep, a / k / a LILLIE, and Mohammed Farik bin Amin, a / k / a ZUBAIR (seeCharge Sheet Appendix A for a list ofaliases), persons subject to trial by military commission asalien unprivilegedbelligerents, did, on or aboutOctober12, 2002, ator nearBali,Indonesia, inthe contextofand associatedwithhostilities, intentionallyengageinan attackon 1/13/21civilian property , to wit : Paddy's Pub on Legian Street, the Sari Club on Legian Street, and nearthe U.S.Consulate located inJakarta , Indonesia, that is, property that was not a military objective,intending such civilian property to be an object of the attack, knowing or having reason to knowthat such property was not a military objective, by intentionally detonating bombs inPaddy's Baron Legian Street, the Sari Club, and near the U.S. Consulate located in or around Bali,

JowIndonesia. in front of

on Legian

The accused Encep Nurjaman , a / k / a Riduan bin Isomudin , a /k / a HAMBALI, Mohammed Nazirbin Lep, a / k / a LILLIE, and Mohammed Farik bin Amin , a / k / a ZUBAIR , are liable for the abovealleged offense as principals , as co - conspirators , and as participants in a common plan as set forthunder the “Common Allegations .

Specification 2: Inthat EncepNurjaman, a /k / a Riduan binIsomudin, a / k / a HAMBALI,MohammedNazir bin Lep, a / k / a LILLIE, and MohammedFarikbin Amin, a / k / a ZUBAIR(seeCharge Sheet Appendix A for a list of aliases), persons subject to trial by military commission asalien enemy unprivileged belligerents , did, on or about August 5 , 2003 , at or near Jakarta,Indonesia, in the contextof and associated with hostilities , intentionally engage inan attack oncivilian property , to wit : the J.W. Marriott Hotel located in or around Jakarta , Indonesia, that isproperty that was not a military objective, intending such civilian property to be an object oftheattack , knowing or having reason to know that such property was not a military objective, byintentionally detonating a vehicle laden with explosives in front of the J.W. Marriott Hotel locatedin or around Jakarta , Indonesia.

The accused Encep Nurjaman, a / k / a Riduan bin Isomudin, a / k / a HAMBALI, MohammedNazirbinLep, a / / a LILLIE, and Mohammed Farik binAmin, a / k / a ZUBAIR, are liable for the abovealleged offense as principals, as co- conspirators, and as participants ina common plan as set forthunder the “CommonAllegations."

CONTINUATION SHEET - MC Form 458 Block II. Charges and Specifications in the case ofthe United States of America v . Encep Nurjaman ; UNITED STATES OF AMERICA V.MOHAMMED NAZIR BIN LEP; United States of America v . Mohammed Farik Bin Amin

CHARGE VII: VIOLATION OF 10 U.S.C. (16), DESTRUCTION OF PROPERTYINVIOLATION OF THE LAW OF WAR

Specification 1: In that EncepNurjaman, a / k / a Riduanbin Isomudin, a / k / a HAMBALI,MohammedNazir binLep, a / k / a LILLIE, and MohammedFarik binAmin, a / k / a ZUBAIR( seeCharge Sheet Appendix A for a listofaliases), persons subject to trial by militarycommission asalien unprivilegedenemy belligerents, did, on or about October 12, 2002, at or near Bali,Indonesia, inthe context ofand associated withhostilities, and in violationofthe lawofwar,intentionally destroy property belonging to another person, without that person's consent, to wit:Paddy's Puband the Sari Clubon Legian Street, in Bali, Indonesia.

The accused Encep Nurjaman , a / k / a Riduan bin Isomudin , a / k / a HAMBALI, Mohammed Nazirbin Lep, a / k / a LILLIE , and Mohammed Farik bin Amin, a / k / a ZUBAIR , are liable for the abovealleged offense as principals , as co -conspirators, and as participants in a common plan as set forthunder the “Common Allegations .

Specification 2 : Inthat Encep Nurjaman, a / / a Riduanbin Isomudin, a / k / a HAMBALI,MohammedNazir binLep, a / k / a LILLIE, and MohammedFarikbinAmin, a / k / a ZUBAIR (seeCharge Sheet Appendix A for a list ofaliases), persons subject to trial bymilitary commissionasalienunprivilegedenemy belligerents, did, onor about August 5 , 2003, at or near Jakarta,Indonesia, in the context ofand associatedwith hostilities, and inviolationof the lawofwar ,intentionallydestroy propertybelonging to another person, without that person's consent, to witJ.W. MarriottHotel located in or around Jakarta, Indonesia.

The accused Encep Nurjaman , a / k / a Riduan bin Isomudin, a / k / a HAMBALI , Mohammed Nazirbin Lep, a / k / a LILLIE, and Mohammed Farik bin Amin , a / k / a ZUBAIR, are liable for the abovealleged offense as principals, as co -conspirators , and as participants in a common plan as set forthunder the “Common Allegations . ”

CONTINUATION SHEET - MC Form 458 Block II. Charges and Specifications in the case ofthe United States of America Encep Nurjaman ; UNITED STATES OF AMERICA V.MOHAMMED NAZIR BIN LEP; United States of America v . Mohammed Farik Bin Amin

CHARGE VIII: VIOLATION OF 10 U.S.C. 950t(29), CONSPIRACY

Specification: Inthat EncepNurjaman, a /k / a RiduanbinIsomudin, a / k / a “HAMBALI,”MohammedNazirbinLep, a / k / a “ LILLIE, ” and MohammedFarikbinAmin, a /k / a “ ZUBAIR(see Charge Sheet AppendixA for a list ofaliases), persons subjectto trial by militarycommissionas alienunprivilegedenemybelligerents, did, from on or aboutAugust 1996to on orabout August2003, at multiplelocationsinor aroundAfghanistan, SoutheastAsia, andelsewhere, inthe contextofand associatedwithhostilities, knowinglyconspireand agree with thefollowingpersons: UsamabinLaden, KhalidShaikhMohammad, Abu Ba’aysir, AbdullahSungkarand others, knownand unknown(see ChargeSheetAppendixB for a list ofknowncoconspirators), to commitone or moresubstantiveoffensestriablebymilitarycommission, to wit:murder inviolationofthe lawofwar, attemptedmurder inviolationof the law ofwar,intentionallycausingseriousbodilyinjury, terrorism , ckingcivilians, attackingcivilianobjects, and destructionofpropertyinviolationofthe law ofwar. Eachofthe three accused,knowingthe unlawfulpurposesofthe agreement, willfullyjoinedthe agreementwiththe intenttofurtherits unlawfulobjectivesandpurposesand, thereafter, knowinglycommittedoneor moreovertacts inorder to accomplishsome objectiveor purposeofthe agreement, with the saidconspiracyresultinginthe deaths ofcivilians(see ChargeSheetAppendicesC andE for a list ofvictimskilledintheattacks), injuriesto civilians(see Charge Sheet AppendicesD andF for a listofvictims injuredin the attacks), anddamageto personalproperty.

The paragraphs numbered 1-60 listed in the section entitled “Common Allegations ,” are herebyre- alleged and incorporated by reference as overt acts as ifset forth fully here.

CONTINUATIONSHEET- MCForm458 BlockII. Chargesand Specificationsinthe caseofthe UnitedStatesofAmericav. EncepNurjaman; UNITEDSTATESOF AMERICAV.MOHAMMEDNAZIRBINLEP UnitedStatesof Americav . MohammedFarikBinAmin

CHARGEIX: VIOLATIONOF 10 U.S.C. 950r, ACCESSORYAFTER THE FACT

Specification: In that MohammedNazir bin Lep, a / k / a LILLIE, and MohammedFarik binAmin, a / k / a ZUBAIR (see Charge Sheet Appendix A for a list ofaliases) , persons subject to trialby military commission as alien unprivilegedenemy belligerents, knowing that on or aboutOctober 12, 2002, on the island of Bali, Indonesia, Encep , a / k / a Riduanbin Isomudin,a / k / a HAMBALI, committed one or more offenses punishable by chapter 47A of title 10 UnitedStates Code, to wit: Murder inviolation of theLawofWar, 10 U.S.C. ( 15) ; AttemptedMurder inviolation of the Law of War, 10 U.S.C. (28 ); Intentionally Causing SeriousBodily Injury, 10 U.S.C. 950t( 13) ; Terrorism , 10 U.S.C. 950t(24) ; Attacking Civilians, 10U.S.C. 950t( 2) ; Attacking Civilian Objects, 10 U.S.C. $ 950t(3 ); and Destruction of Property inviolation of the Lawof War, 10 U.S.C. 950t( 16) , did, between on or about October 12, 2002 andon or about June 30, 2003, inThailand, Cambodia and elsewhere, in order to hinder or preventthe apprehension, trial or punishment of the said HAMBALI, assist the said HAMBALI byobtaining and providing false documents, weapons, and funds, and by arranging for the saidHAMBALI transportation and safe house lodging.

CHARGE SHEET: APPENDIX A

Aliases of Encep NurjamanHambali

Riduan Bin Isomuddin

Riduan Isamuddin

Hendrawan

Mizi

Halim Osmann

Azman

Osama Turkestani

Aliases of Mohammed Nazir Bin Lep

Lillie

Lilie

Bashir Al FilipiniBashir bin LepBashir bin LapNazirLepNazirDaoudAliNazir

Wak bin LepDawud

Dawod

Aliases of Mohammed Farik Bin Amin

Zubair

Ahmed

FariqFariqAmin

Muhammad Fariq binAminFarikbinAmin

MohammadBinAmin

MohammedFarik binAminZack

binAminMuhammad Zubair

Mussa

Ahmedal-Filipini

CHARGE SHEET: APPENDIX B

ListofKnownCo-Conspirators

a ) Usama bin Laden, a / k / a UBL

b) Khalid Shaikh Mohammad , a / k / a Mukhtar, a / k / a KSMc) Abu Hafs al Masri, a / k / a Mohammed Atefd) Abu Bak’re) Ali Abdul Aziz Ali, a / k / a Ammar al Baluchif ) Majid Shoukat Khan

g) Dr. Azahari Husinh) Nik Amran bin Mustafa , a / k / a Afifii) Masran Bin Arshad , a / k / a Abdul Azizj ) Hashim Abbask) Faiz bin Abu Bakr Bafana , a / k / a Mahmoud1) Mohammed Khalim Bin Ja'afarm) Ja'afar Bin Mistooki

n) Mohammed Jabarah , a / a Ahmad , a /k / a, Sammy, a / / a Amato) Wan Min Wan Mat

p) Abdullah Sungkarq) Abdul Rahim Ba’aysirr ) Nordin Bin Mat Mahd Top, a / k / a Tops) Nasir Bin Abas

t ) Fateh Bafana, a / k / a Fathiu) Fathur Abd al Rahman al Ghozi, a / k / a Sa'ad

) Jack Roche

w ) Masrizal Bin Ali Umar, a / k / a Tohirx) Muhammad Rais

y ) Zukepli bin Marzuki, a / k / a Zulkifli

z) Mohamed Elliasaa ) Muhammad Nazir bin Ismail, a / k / a Johanbb) Ali Imron

cc ) Abdul Aziz , a / / a Imam Samudra

dd) Utomo Pamungkas, a / k / a Mubarok

ee) Amrozi BinNurhasyimff) Ali Ghufron Bin Nurhasyim , a / k / a Mukhlasgg) Rusman Gunawan

hh ) Joko Pitono, a / k / a Dulmatin , a / k / a Abdul Matinii) Yazid Sufaatjj) Saif al Adelkk ) Jhoni Hendrawan , a / k / a Idris

) Abdul Ghonimm) Umar Pateknn ) Abdul Rauf

00 ) Muhammed Ikwan , a / k / a Agus , a / k / a Ismailpp ) Abu Hazem Sharqi, a / k / a / Bandar

q9) Arnasan a / k / a Iqbal Onerr) Isa, a / k / a Iqbal Two

Ismail

tt) Abu Rahim , a / k / a Abu Harrisuu Mohammed Farooq Ali

Asmir Latin Sani

CHARGE SHEET : APPENDIX C

The following202 Peoplewere killedin the 2002 BaliBombing

UNITED STATES

Dead - 7

Megan Eileen HeffernanDeborah Lea SnodgrassKarri Jane Casner

George Hamilton MilliganRobert Alan McCormick II

Steven Brooks WebsterJacob Cardwell Young

CANADA

Dead 2

RichardGleason

MervinPopadynec

UNITED KINGDOM

Dead

Timothy John ArnoldNeil BowlerDaniel Braden

Christopher BradfordJonathon Ellwood

Lucy S.O. EmpsonFindley

Emma Louise FoxLaura France

Marc GajardoTom Holmes

Paul Martin Hussey

Christopher John KaysAnnika Kerstin Linden

Dan (Nathaniel) MillerNatalie Perkins

Peter RecordChristian Redman

Stevie Speirs

Michael StandringEd Waller

CliveJohnWalton

DouglasWarner

SWEDEN

Dead

Linda CronqvistUlrika Gustafsson

Maria Johansson

Johanna BerganderCarina Rafling

GERMANY

Dead -

Marie Cecile Wendt

Angelika Helene KohnkeCaludia Dietlinde ThieleBettina Christina Brandes

Alexandra KoppkeUdo Paul Hauke

FRANCE

Dead- 4

Guillaume Breant.

Lionel EriseyManuel Mordelet

Anthony Underwood

NETHERLANDS

Dead 4

NorbetEdgarFreriksSander HarskampMarkAntonio SchippersMarjanneVan LijenNoomen

DENMARK

Dead- 3

Lise Tanghus KnudsenLaerke Cecile Bodker

Anette Overgaard Jensen

SWITZERLAND

Dead- 3

Serina LeishMichale Pascal Dolf

Andrea Gian Rupp

AUSTRALIA

Dead- 88

Gayle AirlieBelinda Allen

Renae AndersonPeter Basioli

Christina BetmilikMatthew Bolwerk

Abbey BorgiaDebbie BorgiaGerardine BuchanSteve Buchan

Chloe ByronAnthony CachiaRebecca CartledgeBronwyn CartwrightJodie CearnsJane Corteen

Jenny CorteenPaul Cronin

Donna Croxford

Kristen CurnowFrancoise Dahan

Sylvia DalaisJoshua DeeganAndrew Dobson

Michelle DunlopCraig Dunn

Shane FoleyDean Gallagher

Angela Golotta

Angela Gray

Byron Hancock

Simone HanleyJames Hardman

Billy HardyNicole Harrison

Tim HawkinsAndrea Hore

Adam Howard

Paul HusseyJosh Iliffe

Carol JohnstoneDavid Kent

Dimmy KotronakisElizabeth KotronakisAaron LeeJustin Lee

Stacey Lee

Danny Lewis

Scott LysaghtLinda Makawana

Sue MaloneyRobert MarshallDavid Mavroudis

Lynette McKeonMarissa McKeon

Jenny MurphyAmber O'DonnellJessica O'Donnell

Sue OgierJodie O'Shea

Corey PaltridgeCharles van Renen

Brad RidleyBen Roberts

Bronwyn RossDavid Ross

Kathy Salvatori

Greg Sanderson

Cathy SeelinLee Sexton

Tom SingerAnthony StewartJulie StevensonJason StokesBehic Sumer

Nathan Swaine

Tracy Thomas

Clint ThompsonRobert Thwaites

Jonathan WadeVanessa Walder

Jodie WallaceShane Walsh - Till

Robyn Webster

Marlene WhiteleyCharmaine WhittonGerard YeoLuiza Zervos

NEW ZEALAND

Dead- 3

MarkParker

JamieWellingtonJared Gane

INDONESIA

Dead 38-

I Wayan YustaraR Destria Bimo Adhi WibowoNiKadek Alit MargariniGusti Ayu Made Artini

Arsoyo RahmatI Made Wija

Ketut Nana WijayaI Nyoman Mawa

Elly Susanti Suharto

I Wayan SukadanaI Ketut Cindra

Ati SavitriI Ketut SumarawatI Gede Badrawan

HannyI Made Wijaya

I Komang CandraTata Duka

Lilis PuspitaJonathan SimanjuntakI Made Mertana

I Made SujanaSalwindar SinghJuniardi

I Kadek NgartinaI Wayan Tamba

Rudy ArmansyahMochamad Khotib

Imawan SardjonoEndang

MugiantoWidayatiFaturrahman

Achmad SuhartoArismanandar

Agus SuheriKadek Sukerna

I Kadek Beni Prima

JAPAN

Dead- 2

KosukeSuzuki

Yuka Suzuki

SOUTHAFRICA

Dead - 2

Godfrey FitzCraig Russel Harty

SOUTHKOREA

Dead- 2

MoonEun- YoungMoonEun-Jung

UNKNOWN

Dead- 2

BRAZIL

Dead 2

AlexandreMoraesWatake

SargentoMarcoAntonioFarias

GREECE

Dead

DimitrisN Panagoulas

POLAND

Dead

DanetaBeataPawlak

PORTUGAL

Dead- 1

Diogo Miguel Dantas Riberinho

ITALY

Dead-

AntonioRobertoSbironi

ECUADOR

Dead

Ana CeciliaAviles

TAIWAN

Dead

Miss Hui- Min Kuo

CHARGE SHEET: APPENDIX D

The following28 people were injured inthe 2002 BaliBombing

UNITED STATES

Injured

William StevenCabler

Amos LibbyRobert Detti

CANADA

Injured 2

Silvana Sciortino

Joe Sciortino

UNITED KINGDOM

Injured– 6

DanielleProthero.

PollyBrooksPaulLawrenson

BarrieKingIanStaffordHanabethLuke

AUSTRALIA

Injured

Jason McCartneyStuart Anstee

Peter HughesCarren SmithGlenn Cosman

Andrew Csabi

Ben TullipanPhilBritten

Natalie GooldCarren Smith

Nicole McLean

RobMeredith

Angela Graham

JakeRyanBradPhillipsJim Vickers

NEW ZEALAND

Injured 1

McDowell

This list maynot includeall people injured.

CHARGE SHEET: APPENDIX E

The following 11people were killed in the 2003 J.W. Marriott Bombing

DUTCH

Dead

Hans Wimkelmolen

INDONESIA

Dead –

Slamat HariyantoEyoh Zakaria

HidayatHarna

Yohanes Bolan

Rudi Dwi LaksonoMiftah Tobiin

Syamsudin

EdiHaryantoEdi Sucipto

CHARGE SHEET: APPENDIX F

The following three people were injured inthe 2003 MarriottBombing

UNITED STATES

Injured 3

PatriciaPond

PeterMiller

Terry Padgett

This list may not include all people injured.