Mohammed Mosharref Hossain

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Mohammed Mosharref Hossain is the proprietor of an Albany New York pizza parlour, who was captured by Federal authorities on August 6, 2004, as part of a counter-terrorism sting.^[1] Hossain, and an associate, Yassin M. Aref were approached by undercover agents, who asked for their help in trying to buy rocket-propelled grenades.

Hossain was born in Bangladesh.^[2]

The Albany Times Union reports that US forces found Aref's name, address and phone number. in a notebook found in a bombed out Iraqi encampment.^[1]

The FBI sent an informer to make contact with Aref through Hossain, to try to get them to participate in an illegal arms deal.

The Times Union reports that their lawyers have filed motions to learn whether the pair were subjected to warrantless surveillance by the NSA. Normally the NSA is not authorized to conduct electronic surveillance of Americans, only foreign nationals.^[1] However, in December 2005, the New York Times revealed that President Bush had taken the controversial step of secretly authorizing the NSA to expand its surveillance to within the United States. Bush claimed that the US Constitution empowered him to authorize warrantless wiretaps when the US Congress granted him the authority to use force in Iraq.^[3]

According to their lawyers if it is determined that President Bush's authorization of warrantless wiretaps were unconstitutional, and Aref had been investigated through warrantless wiretaps, the prosecutions case would be "jeopardized".^[1]

A grand jury indicted Hossain and Aref on October 1, 2005. Hossain remains free on bail, while Aref, who is alleged to have known individuals who are terrorism suspects, had his bail revoked.^[4] Hossain has subsequently requested a separation of his trial from Aref's.^[5]