Bankruptcy petitions are filed under oath. It's a felony to knowingly make a false oath on a material matter in a bankruptcy case(See, 18 USC Section 152(2).) The penalty is up to five years in prison. Zazi stated on his petition he was unmarried. But according to statements that Zazi, his family and his lawyer made to the media this week, he's married and visits Pakistan three times a year to see his wife. He's been trying to get a visa for his wife to join him here. (He has a green card and is eligible for citizenship next month.)
And, while he said he on his petition he was a “self-employed street vendor” earning $800. a month, he did not list any ownership interest in a coffee cart or joint venture. But, according to his lawyer,
The lawyer also said Zazi drove to New York in a rented car to take care of a problem with the location of a coffee cart that he co-owns with a friend, and to visit friends.
As to how the investigation began: CNN reports law enforcement sources who have been briefed on the case say the investigation began with Zazi and spread to New York, rather than the other way around:
[A}ccording to law enforcement sources with knowledge of the investigation, the Colorado searches were part of a probe that began with Zazi and led to New York. A former counterterrorism official briefed on the investigation also said bomb instructions were found, but could not say where.
....The case began with a New York police informant, with authorized FBI wiretaps used to further develop the case, the former counterterrorism official said. Agents launched the raids after police stopped Zazi on the George Washington Bridge during a recent visit to New York, raising concerns that he would figure out he was under surveillance, the former official told CNN.
According to the local news Thursday night, Zazi's lawyer told them he thinks the investigation into Zazi began when he rented a car in his father's name last week to drive to New York. (His lawyer explained he didn't have a credit card in his own name.) How does he square that with the statements of multiple law enforcement sources -- that Zazi was under investigation for weeks before he rented the car?
Yesterday, I questioned the wisdom of Zazi's voluntarily talking to the F.B.I. and media. Now I question it even more. If the FBI wanted to play hardball, the feds could charge him with making false statements on his bankruptcy petition.
Depending on when he moved to Colorado, there could be another issue with his bankruptcy petition. Here's his application to drive a taxi in Denver. It's dated February, 2009 and he says he's been residing in Denver for a month and in another state (obviously New York) from 1999 to December, 2008. His bankruptcy petition, dated March 26, 2009, has him affirming this statement:
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District.
If he moved to Colorado from New York before December 26, 2008, he would have lived in Colorado for the greater part of the 180 days before filing his petition in New York. That would be a false statement.
One other concern for Zazi: How smart is it to broadcast to the world through the media (particularly to associates who may also be under investigation) that Zazi's been spilling his guts to the FBI about his life, travels, acquaintances and activities, including details about his visit to New York last week? If any of them are criminals, whether he knew it or not, who will protect him from potential retaliation?
I don't question Zazi's innocence on terror allegations. I do question the wisdom of him spending 15 hours trying to convince the FBI of it. The Feds had no prosecutable case against Zazi before he began talking to them and the media. I hope he hasn't given them one -- whether on terror charges or anything else.
