Ghulam Nabi Fai
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Syed Ghulam Nabi Fai (born April 1949) is an American citizen of
Kashmiri Kashmiri may refer to: * People or things related to the Kashmir Valley or the broader region of Kashmir * Kashmiris, an ethnic group native to the Kashmir Valley * Kashmiri language, the language of the Kashmiris ethnic group People with the nam ...
origin, and a
Jamaat-e-Islami Jamaat-e-Islami is an Islamist fundamentalist movement founded in 1941 in British India by the Islamist author and theorist Syed Abul Ala Maududi, who was inspired by the Muslim Brotherhood. It is considered one of the most influential Isla ...
activist. He founded the organisation Kashmiri American Council in the United States and carried out lobbying on behalf of Kashmiri separatist groups and the
Government of Pakistan The Government of Pakistan () (abbreviated as GoP), constitutionally known as the Federal Government, commonly known as the Centre, is the national authority of the Islamic Republic of Pakistan, a federal republic located in South Asia, con ...
. In 2011, the US government stated that this was a front group for Pakistan's
Inter-Services Intelligence The Inter-Services Intelligence (ISI) is the premier Pakistani Intelligence community, intelligence agency of Pakistan. It is responsible for gathering, processing, and analyzing any information from around the world that is deemed relevant t ...
(ISI).Two Charged with Conspiring to Act as Unregistered Agents of Pakistani Government
The United States Department of Justice, 19 July 2011.
Fai was arrested by the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
on 19 July 2011, for acting as an unregistered foreign agent, concealing the transfer of USD 3.5 million from Pakistan's ISI to fund his lobbying efforts and influence the US government on the
Kashmir conflict The Kashmir conflict is a territorial conflict over the Kashmir region, primarily between India and Pakistan, and also between China and India in the northeastern portion of the region. The conflict started after the partition of India in 1 ...
, in violation of the
Foreign Agents Registration Act The Foreign Agents Registration Act (FARA) ( ''et seq.'') is a United States law that imposes Public disclosure of private facts, public disclosure obligations on Foreign agent, persons representing foreign interests.
. His arrest came at a time when relations between Pakistan and the United States were strained in the aftermath of the raid that killed Osama bin Laden in Pakistan, and while US Secretary of State
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, lawyer and diplomat. She was the 67th United States secretary of state in the administration of Barack Obama from 2009 to 2013, a U.S. senator represent ...
was on a visit to
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
. On 7 December 2011, Fai pleaded guilty to
conspiracy A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
and
tax evasion Tax evasion or tax fraud is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to red ...
(both charges); in March 2012, Fai was sentenced to two years' imprisonment by a US court for ''"''conspiracy to defraud the US" by concealing transfer of funding from Pakistan's ISI for his illegal lobbying efforts on Kashmir.


Early life

Syed Ghulam Nabi Fai was born in April 1949 in the Wadwan village of
Budgam district Budgam district is an administrative district of Indian-administered Jammu and Kashmir (union territory), Jammu and Kashmir in Kashmir region.The application of the term "administered" to the various regions of Kashmir and a mention of the Kash ...
in the
Kashmir Valley The Kashmir Valley, also known as the Vale of Kashmir, is an intermontane valley in northern Jammu and Kashmir, a region in Indian-administered Kashmir.(a) (subscription required) Quote: "Kashmir, region of the northwestern Indian subcont ...
of
Jammu and Kashmir Jammu and Kashmir may refer to: * Jammu and Kashmir (union territory), a region administered by India as a union territory since 2019 * Jammu and Kashmir (state), a region administered by India as a state from 1952 to 2019 * Jammu and Kashmir (prin ...
, India. He graduated from
Srinagar Srinagar (; ) is a city in Indian-administered Jammu and Kashmir in the disputed Kashmir region.The application of the term "administered" to the various regions of Kashmir and a mention of the Kashmir dispute is supported by the tertiary ...
's
Sri Pratap College Sri Pratap College, commonly known as SP College, is an academic and professional college in Srinagar, Jammu and Kashmir, India. The college has been accredited by NAAC with an 'A+' Grade. It is the oldest institute of higher education in the K ...
, then completed an MA from
Aligarh Muslim University Aligarh Muslim University is a Collegiate university, collegiate, Central university (India), central, and Research university, research university located in Aligarh, Uttar Pradesh, India, which was originally established by Sir Syed Ahmad Kh ...
. During his college days, he came under the influence of
Jamaat-e-Islami Kashmir The Jamaat-e-Islami Kashmir or Jamaat-e-Islami Jammu and Kashmir (JIJK) is an Islamic political party based in the city of Srinagar in the Indian-administered territory of Jammu and Kashmir. It is distinct from the Jamaat-e-Islami Hind. Th ...
. He occasionally wrote columns in the local newspapers under the name "Fay Budgami", which eventually resulted in his acquired last name "Fai".
Mohammad Yusuf Shah Mohammad Yusuf Shah (born 18 February or December 1946), commonly known as Syed Salahuddin, is the head of Hizbul Mujahideen, a militant organization operating in Kashmir. He also heads the United Jihad Council, a Pakistan-based conglomeration ...
, who later became the chief of
Hizbul Mujahideen Hizbul Mujahideen, also spelled Hizb-ul-Mujahidin (, ), is a Pakistan-based Islamist separatist militant organisation that has been engaged in the Kashmir insurgency since 1989. It aims to separate Kashmir from India and merge it with Pakist ...
, is said to have been his childhood friend. Fai moved to Saudi Arabia in 1967, and then went to the United States. He obtained a PhD in
mass communications Mass communication is the process of imparting and exchanging information through mass media to large population segments. It utilizes various forms of media as technology has made the dissemination of information more efficient. Primary examples o ...
from the
Temple University Temple University (Temple or TU) is a public university, public Commonwealth System of Higher Education, state-related research university in Philadelphia, Philadelphia, Pennsylvania, United States. It was founded in 1884 by the Baptist ministe ...
in 1977. He became a US citizen in 1990.


Fraudulent Academic Credentials

For decades, Fai has claimed, as he continues to, to have earned a
PhD A Doctor of Philosophy (PhD, DPhil; or ) is a terminal degree that usually denotes the highest level of academic achievement in a given discipline and is awarded following a course of graduate study and original research. The name of the deg ...
from
Temple University Temple University (Temple or TU) is a public university, public Commonwealth System of Higher Education, state-related research university in Philadelphia, Philadelphia, Pennsylvania, United States. It was founded in 1884 by the Baptist ministe ...
in
Philadelphia Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
and constantly referred to himself as "Dr. Fai", as was echoed in the
Pakistani media Mass media in Pakistan () provides information on television, radio, cinema, newspapers, and magazines in Pakistan. Pakistan has a vibrant media landscape; among the most dynamic in South Asia and world. Majority of media in Pakistan is privat ...
. After moving to the United States in 1977 he began a course in mass communications at
Temple University Temple University (Temple or TU) is a public university, public Commonwealth System of Higher Education, state-related research university in Philadelphia, Philadelphia, Pennsylvania, United States. It was founded in 1884 by the Baptist ministe ...
on 'Television in Saudi Arabia'. He completed less than half the PhD requirements and did not receive a degree, yet constantly referred to himself as "Dr. Fai" in official correspondence with the FBI and other law enforcement bodies. As of 2019, he continues to use his false "Phd" credential in his public engagements, and press outlets.


Kashmiri American Council

Fai was the executive director of the Kashmiri American Council (KAC), an ISI module based in Washington, D.C., for the cause of ''"propagating the cause of the right of self-determination of the people of the State of Jammu & Kashmir"''. The KAC was formed by some members of the Kashmiri diaspora, in Washington, D.C. In the 1990s,
Paul Manafort Paul John Manafort Jr. (; born April 1, 1949) is an American former lobbyist, political consultant, and attorney. A long-time Republican Party campaign consultant, he chaired the Trump presidential campaign from June to August 2016. Manafo ...
lobbied for the KAC. According to the FBI, the Kashmiri American Council - a nonprofit organization - would arrange seminars, conferences and lectures on Kashmir. Officially the KAC denied getting any foreign grants. KAC is best known for annually holding a so-called "Kashmir Peace Conference" in Washington, D.C., which was presented as ''"an independent forum for Indian, Pakistani and Kashmiri voices"''. However, the U.S. Justice Department proved in court that the
Pakistan Army The Pakistan Army (, ), commonly known as the Pak Army (), is the Land warfare, land service branch and the largest component of the Pakistan Armed Forces. The president of Pakistan is the Commander-in-chief, supreme commander of the army. The ...
, specifically the I.S.I., approved the list of speakers and gave Fai talking points to ''"highlight the Kashmir cause"''.


Political access

Before his arrest in July 2011 and subsequent electronically monitored
house arrest House arrest (also called home confinement, or nowadays electronic monitoring) is a legal measure where a person is required to remain at their residence under supervision, typically as an alternative to imprisonment. The person is confined b ...
in Virginia, USA, he was a regular visitor to
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
and met regularly and openly with the highest levels of the political, bureaucratic and military establishment, including the
Inter-Services Intelligence The Inter-Services Intelligence (ISI) is the premier Pakistani Intelligence community, intelligence agency of Pakistan. It is responsible for gathering, processing, and analyzing any information from around the world that is deemed relevant t ...
(ISI). In the US, Fai's access extended to various mid-level officials in the
State Department The United States Department of State (DOS), or simply the State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs o ...
, as well as a variety of
backbenchers In Westminster and other parliamentary systems, a backbencher is a member of parliament (MP) or a legislator who occupies no governmental office and is not a frontbench spokesperson in the Opposition, being instead simply a member of t ...
including non-ranking Congressmen and a handful of Senators. Typically, his access was limited to those Congressmen to whose election funds the Kashmir American Council (see above) had donated monies, including Joe Pitts (R-Pennsylvania) and
Dan Burton Danny Lee Burton (born June 21, 1938) is an American politician who was the United States House of Representatives, U.S. representative for , and previously the , serving from 1983 until 2013. He is a member of the Republican Party (United Stat ...
(R-Indiana). Fai has never had a meeting with any Secretary of State or with a serving US Ambassador or equivalent rank of official. Since forfeiting his Indian citizenship by taking US citizenship in 1990, he has been denied visas to visit India on account of his now-publicly-reported ties to the
Pakistani Military The Pakistan Armed Forces (; ) are the Military, military forces of Pakistan. It is the List of countries by number of military and paramilitary personnel, world's sixth-largest military measured by Active duty, active military personnel and c ...
, in particular the
Inter-Services Intelligence The Inter-Services Intelligence (ISI) is the premier Pakistani Intelligence community, intelligence agency of Pakistan. It is responsible for gathering, processing, and analyzing any information from around the world that is deemed relevant t ...
(ISI). He has never had a meeting in any third country with any Indian elected official or any senior diplomat.


Arrest

Fai was charged along with a
Pakistani American Pakistani Americans () are citizens of the United States who have full or partial ancestry from Pakistan, or more simply, Pakistanis in America. They can be from different ethnic groups in Pakistan like Punjabi or Muhajir. The term may also re ...
associate named Zaheer Ahmad for obtaining illegal funding from Pakistan for the KAC. Fai was arrested at his home in
Fairfax, Virginia Fairfax ( ) is an independent city (United States), independent city in Virginia and the county seat of Fairfax County, Virginia, in the United States. As of the 2020 United States census, 2020 census, the population was 24,146. Fairfax is pa ...
. According to Neil MacBride, the United States Attorney at
United States District Court for the Eastern District of Virginia The United States District Court for the Eastern District of Virginia (in case citations, E.D. Va.) is one of two United States district courts serving the Commonwealth of Virginia. It has jurisdiction over the Northern Virginia, Hampton Roa ...
"Mr. Fai is accused of a decades-long scheme with one purpose – to hide Pakistan's involvement behind his efforts to influence the U.S. government's position on Kashmir, his handlers in Pakistan allegedly funneled millions through the Kashmir Center to contribute to U.S. elected officials, fund high-profile conferences, and pay for other efforts that promoted the Kashmiri cause in favor of Pakistan to decision makers in Washington." According to prosecutors he was directed by ISI and was in touch with them at least 4000 times in the preceding 3 years. The prosecutors also alleged that Kashmiri American Council was run by elements of Pakistani government including ISI and had Fai had received at least $4 million from the Government of Pakistan. If convicted Fai faces up to 5 years in prison. Zaheer Ahmad was not arrested and was thought to be living in Pakistan. On 8 October 2011, it was reported that Ahmad had died in Islamabad at the age of 63 due to a
brain haemorrhage Intracerebral hemorrhage (ICH), also known as hemorrhagic stroke, is a sudden bleeding into the tissues of the brain (i.e. the parenchyma), into its ventricles, or into both. An ICH is a type of bleeding within the skull and one kind of stro ...
.


Bail

At his initial court appearance, the prosecution claimed that, after his arrest, Fai had admitted to receiving money from ISI but said that he maintained an independent viewpoint on issues pertaining to Kashmir. FBI agent Sarah Linden stated that previously Fai had denied knowing anyone from ISI. Fai himself said nothing at the trial. He was granted
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...
and placed under
house arrest House arrest (also called home confinement, or nowadays electronic monitoring) is a legal measure where a person is required to remain at their residence under supervision, typically as an alternative to imprisonment. The person is confined b ...
. His and his wife's passports were confiscated, and Fai was forbidden from making any contact with any foreign government or witness.


Guilty plea

On 7 December 2011, Fai pleaded guilty in the court of conspiracy and tax evasion. As part of his guilty plea, Fai signed an 81-paragraph "Statement of Fact" cataloguing his crimes, with specific details as to the instructions and payments he received from his ISI handlers. Court documents revealed his primary ISI handlers to have been Javeed Aziz Khan (alias "Brigadier Abdullah ('Khan')"; Major-General Mumtaz Ahmad Bajwa, who later became head of the ISI's Security Directorate that oversees
Kashmir Kashmir ( or ) is the Northwestern Indian subcontinent, northernmost geographical region of the Indian subcontinent. Until the mid-19th century, the term ''Kashmir'' denoted only the Kashmir Valley between the Great Himalayas and the Pir P ...
i militant groups, Lieutenant-Colonel Touqeer Mehmood Butt, and Sohail Mahmood (alias "Mir"). An attorney submitted in a foot-note to a US district court in Alexandria, Virginia, that Fai misled people about possessing a doctorate degree. In March 2012 Fai was sentenced to two years in prison.


Sentence reduction and release

On 15 November 2013, the Assistant US Attorney who had prosecuted Fai asked the court to reduce Fai's sentence to 16 months time served. The motion was granted by the original sentencing judge on 22 November 2013, and Fai was released from the Federal Correctional Institution in Cumberland, Maryland.


Reactions

The
Embassy of Pakistan in Washington, D.C. The Embassy of Pakistan in Washington, D.C. is the diplomatic mission of Pakistan, Islamic Republic of Pakistan to the United States. The embassy also operates Consul (representative), Consulates-General in Boston, Chicago, Houston, Los Angeles, a ...
issued a statement after the arrest claiming that "it had no knowledge" of Fai's alleged ties with the Pakistani establishment, though he was a regular visitor to the Embassy. However an unnamed Pakistani official told ''
The Independent ''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publis ...
'' that Fai was getting funding from ISI as he was unable to raise money from the
Pakistani American Pakistani Americans () are citizens of the United States who have full or partial ancestry from Pakistan, or more simply, Pakistanis in America. They can be from different ethnic groups in Pakistan like Punjabi or Muhajir. The term may also re ...
community. The Pakistani government lodged its concern over the arrest and accused the US of embarking on a "slander campaign" against Pakistan. The Ministry of Foreign Affairs of Pakistan released a statement lauding the "contributions made by the Kashmiri American Council and Dr Ghulam Nabi Fai for the cause of Jammu and Kashmir." It further commented that "upholding fundamental rights of Kashmiris is the fundamental responsibility of the international community and all conscientious people who value human rights and values" and added that "campaigns to defame the just cause of the Kashmiri people will not affect its legitimacy." A statement released by the Home ministry of India said "The arrest of Ghulam Nabi Fai was long overdue. We had (a) fair degree of suspicion that the money which he received was given by the agencies in Pakistan." Fai donated money to Congressman Joseph R. Pitts over the years. After finding out about Fai's arrest, Pitts donated the same amount to charity. Pitts denied knowing Fai had external financings. In a letter published in
Intelligencer Journal The ''Intelligencer Journal'', known locally as the ''Intell'', was the daily, morning newspaper published by Lancaster Newspapers in Lancaster, Pennsylvania. It is the seventh-oldest newspaper in the United States, and was one of the oldest new ...
Pitt wrote "Clearly, much more was going on. Dr. Fai will get his day in court. Before long, we will learn exactly what he was doing behind the scenes. Whatever the ISI hoped to accomplish, it didn't work." U.S representative from Indiana
Dan Burton Danny Lee Burton (born June 21, 1938) is an American politician who was the United States House of Representatives, U.S. representative for , and previously the , serving from 1983 until 2013. He is a member of the Republican Party (United Stat ...
, who frequently supports Pakistan's position on Kashmir, was a major recipient of contributions from Fai. Expressing shock at his arrest, Burton admitted to having known Fai for more than 20 years and stated "in that time I had no inkling of his involvement with any foreign intelligence operation and had presumed our correspondence was legitimate". He said that funds he received from Fai would be donated to the
Boy Scouts of America Scouting America is the largest scouting organization and one of the largest List of youth organizations, youth organizations in the United States, with over 1 million youth, including nearly 200,000 female participants. Founded as the Boy Sco ...
. Fai's arrest was condemned by separatist Kashmiri leader
Syed Ali Shah Geelani Syed Ali Shah Geelani (29 September 1929 – 1 September 2021) was an Islamist Kashmiri-separatist leader in Indian-administered Jammu and Kashmir. A pro-Pakistan separatist, Sumantra BoseSyed Ali Shah Geelani: The man who fought for Kashmir ...
, who described him as their "ambassador". His arrest was welcomed by the
Kashmiri Pandit The Kashmiri Pandits (also known as Kashmiri Brahmins) are a group of Kashmiri Hindus and a part of the larger Saraswat Brahmin community of India. They belong to the Pancha Gauda Brahmin group from the Kashmir Valley, located within the In ...
community. According to Lalit Koul, the President of the Indo-American Kashmir Forum, "It was always clear that this (Fai's) group was following the official Pakistani version of the Kashmir story. In all instances, the truth was obfuscated by misinformation provided by our opponents masquerading as Kashmiri freedom fighters."


Post release

After being released, as of March 2020, it was reported that Fai has appeared on media channels across US to highlight "Indian atrocities in Kashmir and against Muslims", authored articles, collaborated with Indian influencers, and resumed his interactions with members of the US Senate.


Family

Fai is married to a Chinese woman in the United States and has two children.


See also

*
India–United States relations India and the United States established diplomatic relations in 1947 following the independence of India from the United Kingdom. Currently, India and the United States enjoy close relations and have deepened collaboration on issues such as cou ...
*
Kashmir conflict The Kashmir conflict is a territorial conflict over the Kashmir region, primarily between India and Pakistan, and also between China and India in the northeastern portion of the region. The conflict started after the partition of India in 1 ...
* Pakistan lobby in the United States *
Pakistan–United States relations Pakistan and the United States established relations on 15 August 1947, a day after the independence of Pakistan, when the United States became one of the first nations to recognise the country. The relationship between the two nations has been d ...


References


External links


Two Charged with Conspiring to Act as Unregistered Agents of Pakistani Government
FBI Press release
Kashmiri American Council

U.S. Representative Dan Burton's comments on Fai's arrest


* ttps://www.bbc.co.uk/news/world-south-asia-14240154 Profile: Ghulam Nabi Fai
BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...

Nabi-Fai, Ghulam: The people of Kashmir must be allowed to vote on their own future
The Guardian, 2010-08-31

{{DEFAULTSORT:Fai, Syed Ghulam Nabi 1949 births Aligarh Muslim University alumni Muslims from Virginia Federal Bureau of Investigation Indian emigrants to the United States Indian expatriates in Saudi Arabia Kashmiri Muslims Jamaat-e-Islami Pakistan Kashmir separatist movement Living people American lobbyists Pakistani lobbyists People from Fairfax, Virginia American people of Kashmiri descent India–United States relations Pakistan–United States relations Temple University alumni American prisoners and detainees People from Budgam district American people convicted of tax crimes