The U.S. Attorney’s Office for the
Southern District of New York released the below information:
Damian Williams, the United States
Attorney for the Southern District of New York, and James Smith, the Assistant
Director in Charge of the New York Field Office of the Federal Bureau of
Investigation (“FBI”), announced that an Indictment was unsealed this morning
charging U.S. Senator ROBERT MENENDEZ, his wife NADINE MENENDEZ, a/k/a “Nadine
Arslanian,” and three New Jersey businessmen, WAEL HANA, a/k/a “Will Hana,”
JOSE URIBE, and FRED DAIBES, with participating in a years-long bribery scheme.
The Indictment alleges that MENENDEZ and his wife, NADINE MENENDEZ, accepted
hundreds of thousands of dollars of bribes from HANA, URIBE, and DAIBES in
exchange for MENENDEZ’s agreement to use his official position to protect and
enrich them and to benefit the Government of Egypt. Among other things,
MENENDEZ agreed and sought to pressure a senior official at the U.S. Department
of Agriculture in an effort to protect a business monopoly granted to HANA by
Egypt, disrupt a criminal case undertaken by the New Jersey Attorney General’s
Office related to associates of URIBE, and disrupt a federal criminal
prosecution brought by the U.S. Attorney’s Office for the District of New
Jersey against DAIBES. MENENDEZ, NADINE MENENDEZ, HANA, URIBE, and DAIBES
are expected to appear in federal court in Manhattan on Wednesday, September
27, 2023, at 10:30 a.m. The case is assigned to U.S. District Judge
Sidney H. Stein.
U.S. Attorney Damian Williams said: “As the grand
jury charged, between 2018 and 2022, Senator Menendez and his wife engaged in a
corrupt relationship with Wael Hana, Jose Uribe, and Fred Daibes – three New
Jersey businessmen who collectively paid hundreds of thousands of dollars of
bribes, including cash, gold, a Mercedes Benz, and other things of value – in
exchange for Senator Menendez agreeing to use his power and influence to
protect and enrich those businessmen and to benefit the Government of
Egypt. My Office is firmly committed to rooting out corruption, without
fear or favor, and without any regard to partisan politics. We will
continue to do so.”
FBI
Assistant Director in Charge James Smith said: “The FBI has made investigating
public corruption a top priority since our founding — nothing has changed.
The alleged conduct in this conspiracy damages the public’s faith in our
system of government and brings undue scorn to the honest and dedicated public
servants who carry out their duties on a daily basis. To those inclined
to use the status of their public office for personal benefit, or those willing
to provide bribes in an attempt to gain influence from a public official, the
FBI will ensure that you face the consequences in the criminal justice system
for your underhanded dealings.”
According
to the allegations in the Indictment unsealed today in Manhattan federal court:[1]
ROBERT
MENENDEZ is the senior U.S. Senator from New Jersey and currently the Chairman
of the Senate Foreign Relations Committee (“SFRC”). NADINE MENENDEZ began
dating MENENDEZ in February 2018, they became engaged in October 2019, and they
married in October 2020. Shortly after they began dating in 2018, NADINE
MENENDEZ introduced MENENDEZ to her long-time friend WAEL HANA, who is
originally from Egypt, lived in New Jersey, and maintained close connections
with Egyptian officials. HANA was also business associates with FRED
DAIBES, a New Jersey real estate developer and long-time donor to MENENDEZ, and
JOSE URIBE, who worked in the New Jersey insurance and trucking business.
Between
2018 and 2022, MENENDEZ and NADINE MENENDEZ agreed to and did accept hundreds
of thousands of dollars’ worth of bribes from HANA, DAIBES, and URIBE.
These bribes included gold, cash, a luxury convertible, payments toward NADINE
MENENDEZ’s home mortgage, compensation for a low-or-no-show job for NADINE
MENENDEZ, home furnishings, and other things of value. In June 2022, the
FBI executed a search warrant at the New Jersey home of MENENDEZ and NADINE
MENENDEZ. During that search, the FBI found many of the fruits of this
bribery scheme, including cash, gold, the luxury convertible, and home
furnishings. Over $480,000 in cash — much of it stuffed into envelopes
and hidden in clothing, closets, and a safe — was discovered in the home, as
well as over $70,000 in cash in NADINE MENENDEZ’s safe deposit box, which was
also searched pursuant to a separate search warrant. Some of the
envelopes contained the fingerprints and/or DNA of DAIBES or his driver.
Other of the envelopes were found inside jackets bearing MENENDEZ’s name and
hanging in his closet, as depicted below.
During
this same search, agents also found home furnishings provided by HANA and
DAIBES, the luxury vehicle paid for by URIBE parked in the garage, as well as
over one hundred thousand dollars’ worth of gold bars in the home, which were
provided by either HANA or DAIBES. Two of the gold bars DAIBES provided
are depicted in the photographs below.
In
exchange for these and other things of value, MENENDEZ agreed to use his power
and influence as a Senator to seek to protect HANA, URIBE, and DAIBES’s
interests and to benefit the Government of Egypt. Through this corrupt
relationship, MENENDEZ agreed to take a series of official acts and breaches of
his official duty. First, MENENDEZ took actions to benefit the Government
of Egypt and HANA, including by improperly pressuring an official at the U.S.
Department of Agriculture (“USDA”) to seek to protect a business monopoly
granted to HANA by Egypt. Second, MENENDEZ took actions seeking to disrupt
a criminal investigation undertaken by the Office of the New Jersey Attorney
General (“NJAG”) related to URIBE and his associates. Third, MENENDEZ
recommended that the President nominate a U.S. Attorney who MENENDEZ believed
he could influence with respect to DAIBES and sought to disrupt a federal
criminal prosecution undertaken by the U.S. Attorney’s Office for the District
of New Jersey (“USAO-DNJ”) of DAIBES.
Promised Actions to Benefit Egypt and
Pressure the USDA
Shortly
after she began dating MENENDEZ in 2018, NADINE MENENDEZ worked with HANA to
introduce Egyptian intelligence and military officials to MENENDEZ. Those
introductions helped establish a corrupt agreement in which HANA, with
assistance from DAIBES and URIBE, provided bribes to MENENDEZ and NADINE
MENENDEZ in exchange for MENENDEZ’s actions to benefit Egypt and HANA, among
others.
As
part of the scheme, MENENDEZ provided sensitive, non-public U.S. government
information to Egyptian officials and otherwise took steps to secretly aid the
Government of Egypt. For example, in or about May 2018, MENENDEZ provided
Egyptian officials with non-public information regarding the number and
nationality of persons serving at the U.S. Embassy in Cairo, Egypt.
Although this information was not classified, it was deemed highly sensitive
because it could pose significant operational security concerns if disclosed to
a foreign government or made public. Without telling his professional
staff or the State Department that he was doing so, on or about May 7, 2018,
MENENDEZ texted that sensitive, non-public embassy information to his
then-girlfriend NADINE MENENDEZ, who forwarded the message to HANA, who
forwarded it to an Egyptian government official. Later that same month,
MENENDEZ ghost-wrote a letter on behalf of Egypt to other U.S. Senators
advocating for them to release a hold on $300 million in aid to Egypt.
MENENDEZ sent this ghost-written letter to NADINE MENENDEZ, who forwarded it to
HANA, who sent it to Egyptian officials.
At
various times between 2018 and 2022, MENENDEZ also conveyed to Egyptian
officials, through NADINE MENENDEZ, HANA, and/or DAIBES, that he would approve
or remove holds on foreign military financing and sales of military equipment
to Egypt in connection with his leadership role on the SFRC. For example,
in or about July 2018, following meetings between MENENDEZ and Egyptian
officials, which were arranged and attended by NADINE MENENDEZ and HANA,
MENENDEZ texted NADINE MENENDEZ that she should tell HANA that MENENDEZ was
going to sign off on a multimillion-dollar weapons sale to Egypt. NADINE
MENENDEZ forwarded this text to HANA, who forwarded it to two Egyptian
officials, one of whom replied with a “thumbs up” emoji. MENENDEZ made
similar communications over the ensuing years. For example, in January
2022, MENENDEZ sent NADINE MENENDEZ a link to a news article reporting on two
pending foreign military sales to Egypt totaling approximately $2.5
billion. NADINE MENENDEZ forwarded this link to HANA, writing, “Bob had
to sign off on this.”
In
exchange for MENENDEZ’s agreement to take these and other actions, HANA
promised NADINE MENENDEZ payments, including from IS EG Halal Certified, Inc.
(“IS EG Halal”), a New Jersey company that HANA operated with financial support
and backing from DAIBES. However, IS EG Halal had little to no revenue
until the spring of 2019, when the Government of Egypt granted IS EG Halal a
monopoly on the certification of U.S. food exports to Egypt as compliant with
halal standards, despite the fact that neither HANA nor his company had
experience with halal certification. The monopoly generated revenue for
HANA, through which he paid NADINE MENENDEZ as promised.
Because
the monopoly resulted in increased costs for U.S. meat suppliers, in or about
April and May 2019, the USDA contacted the Government of Egypt and sought
reconsideration of its grant of monopoly rights to IS EG Halal. After
being briefed on the USDA’s objections to IS EG Halal’s monopoly by HANA and
NADINE MENENDEZ, on May 23, 2019, MENENDEZ called a high-level USDA official
(“Official-1”) and insisted that the USDA stop opposing IS EG Halal’s status as
sole halal certifier. When Official-1 attempted to explain why the
monopoly was detrimental to U.S. interests, MENENDEZ reiterated his demand that
the USDA stop interfering with IS EG Halal’s monopoly. Official-1 did not
accede to MENENDEZ’s demand, but IS EG Halal nevertheless kept its monopoly.
After
financially benefitting from IS EG Halal’s monopoly, HANA, at times with the
assistance of DAIBES and URIBE, provided payments and other things of value in
furtherance of the scheme. For example, in or about July 2019, after the
mortgage company for the residence of NADINE MENENDEZ initiated foreclosure
proceedings, HANA caused IS EG Halal to pay approximately $23,000 to bring the
mortgage current. HANA did so after a series of discussions with NADINE
MENENDEZ, as well as URIBE and DAIBES, about various options for bringing the
mortgage current. Later in 2019, HANA and DAIBES caused IS EG Halal to issue
three $10,000 checks to NADINE MENENDEZ for a low-or-no-show job. As the
scheme continued, including through the additional actions described below,
MENENDEZ and NADINE MENENDEZ received additional bribes, including gold and
cash.
Promised Actions Seeking to Disrupt the
NJAG Criminal Case
Also
in 2019, HANA and URIBE offered to help buy a new Mercedes-Benz C-300
convertible worth more than $60,000 for MENENDEZ and NADINE MENENDEZ. In
exchange, MENENDEZ agreed and sought to interfere in the NJAG’s criminal
insurance fraud prosecution of an associate of URIBE and a related
investigation involving an employee of URIBE. On multiple occasions in
2019, URIBE, HANA, and/or NADINE MENENDEZ briefed MENENDEZ regarding the NJAG’s
insurance fraud prosecution and investigation. Following those briefings,
and in exchange for the promise of the luxury convertible, MENENDEZ contacted a
senior state prosecutor at the NJAG’s Office who supervised the prosecution and
investigation (“Official-2”) at least twice. During those communications,
MENENDEZ attempted to pressure Official-2 to resolve the prosecution more
favorably to the defendant. Official-2 considered MENENDEZ’s actions
inappropriate and did not agree to intervene. Nevertheless, the
prosecution was ultimately resolved with a plea allowing for no jail time and
the investigation never resulted in any charges against URIBE’s employee.
In
exchange for MENENDEZ’s actions, URIBE provided NADINE MENENDEZ with $15,000
cash for the down payment on the luxury convertible in April 2019. After
the purchase was complete, NADINE MENENDEZ messaged MENENDEZ, “Congratulations
mon amour de la vie, we are the proud owners of a 2019 Mercedes.❤️” and texted
MENENDEZ the below photograph of the convertible:
Thereafter,
URIBE made monthly payments to Mercedes-Benz for the convertible between 2019
and June 2022. URIBE only stopped making those monthly payments after the
FBI approached MENENDEZ, NADINE MENENDEZ, and URIBE in connection with this
investigation.
Promised Actions Seeking to Disrupt the USAO-DNJ
Criminal Case
In
October 2018, the USAO-DNJ charged DAIBES with federal criminal charges for
obtaining loans under false pretenses from a New Jersey-based bank he
founded. Between December 2020 and 2022, MENENDEZ agreed to attempt to
influence the pending federal prosecution of DAIBES in exchange for cash,
furniture, and gold bars that DAIBES provided to MENENDEZ and NADINE
MENDENDEZ. In furtherance of this aspect of the scheme, MENENDEZ
recommended that the President nominate an individual (“Official-3”) as U.S.
Attorney for the District of New Jersey who MENENDEZ believed he could
influence with respect to DAIBES’s case. MENENDEZ also had direct and
indirect contact with both Official-3 and another high-ranking official at the
USAO-DNJ (“Official-4”) in an attempt to influence the outcome of DAIBES’s
case.
Official-3
and Official-4 did not pass on to the USAO-DNJ prosecution team handling the
DAIBES prosecution the fact that MENENDEZ had contacted them, and they did not
treat the case any differently as a result of MENENDEZ’s actions.
DAIBES’s case was ultimately resolved with a plea agreement that provided for a
probationary sentence. In exchange for MENENDEZ’s participation in the
bribery scheme, DAIBES provided MENENDEZ and NADINE MENENDEZ with multiple
things of value, including the two one-kilogram gold bars pictured below.
ROBERT
MENENDEZ, 69, of Englewood Cliffs, New Jersey, is charged with one count of
conspiracy to commit bribery, which carries a maximum sentence of five years in
prison; one count of conspiracy to commit honest services fraud, which carries
a maximum sentence of 20 years in prison; and one count of conspiracy to commit
extortion under color of official right, which carries a maximum sentence of 20
years in prison.
NADINE
MENENDEZ, 56, of Englewood Cliffs, New Jersey, is charged with one count of
conspiracy to commit bribery, which carries a maximum sentence of five years in
prison; one count of conspiracy to commit honest services fraud, which carries
a maximum sentence of 20 years in prison; and one count of conspiracy to commit
extortion under color of official right, which carries a maximum sentence of 20
years in prison.
WAEL
HANA, 40, formerly of Edgewater, New Jersey, and originally of Egypt, JOSE
URIBE, 56, of Clifton, New Jersey, and FRED DAIBES, 66, of Edgewater, New
Jersey, are all charged with one count of conspiracy to commit bribery, which
carries a maximum sentence of five years in prison, and one count of conspiracy
to commit honest services fraud, which carries a maximum sentence of 20 years
in prison.
The
statutory maximum penalties are prescribed by Congress and are provided here
for informational purposes only, as any sentencing of the defendants would be
determined by a judge.
Mr.
Williams praised the outstanding investigative work of the FBI. Mr.
Williams thanked the Internal Revenue Service-Criminal Investigation for its
invaluable assistance on the investigation.
This
case is being handled by the Office’s Public Corruption Unit. Assistant
U.S. Attorneys Eli J. Mark, Paul Monteleoni, Lara Pomerantz, and Daniel C.
Richenthal are in charge of the prosecution.
The
charges contained in the Indictment are merely accusations, and the defendants
are presumed innocent unless and until proven guilty.
This
investigation remains ongoing. If you have information regarding the
charges or defendants in the Indictment, please contact the FBI at
1-800-CALL-FBI and reference this case.
[1] As the introductory phrase signifies, the
entirety of the text of the Indictment and the description of the Indictment
set forth herein constitute only allegations, and every fact described should
be treated as an allegation.