Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced the arrest of ALLAMBERGEN KUDAYBERGENOV, a/k/a “Allambergen Kuday Bergenov,” for allegedly sending over the internet numerous race-related threats of violence and murder to a former employer at a restaurant in New York, New York. KUDAYBERGENOV is charged in a criminal Complaint, unsealed yesterday, with one count of making interstate threats, one count of using false immigration documents, and one count of aggravated identity theft. KUDAYBERGENOV was presented yesterday in Manhattan federal court before U.S. Magistrate Judge Sarah L. Cave and detained.
U.S. Attorney Geoffrey S. Berman said: “The arrest of Allambergen Kudaybergenov makes clear that we will not tolerate threats of violence, especially those directed at individuals based on their race, ethnicity, sexual orientation, or religious beliefs. Thanks to the work of the FBI-NYPD Joint Terrorism Task Force, the defendant will have to answer for his alleged threatening actions.”
FBI Assistant Director William F. Sweeney Jr. said: “The alarming messages Kudaybergenov sent to his intended victims explicitly spelled out what his alleged intentions were. Threatening violence against someone is disturbing in and of itself. When the language of the threat includes racist and homophobic sentiments, however, this raises the bar – but it won’t be tolerated here.”
Police Commissioner Dermot Shea said: “There is no place for hate or intolerance in New York City, or anywhere. I commend the effort of the NYPD investigators and our federal partners whose hard work resulted in this arrest and charges.”
According to the allegations in the Complaint unsealed in Manhattan federal court:
In approximately April 2019, KUDAYBERGENOV used false identity documents, which included stolen personal identifying information belonging to others, as part of his application for employment at a restaurant (the “Victim Business”) in Manhattan. Soon after KUDAYBERGENOV was hired, he sent a series of communications via a web-based email service to the Victim Business. In those messages, KUDAYBERGENOV threatened violence against other employees of the Victim Business. In one such message, KUDAYBERGENOV wrote, in part, that an employee (“Victim-2”) of the Victim Business was a “jjew [sic] waiting for war.” Following a dispute at the Victim Business, KUDAYBERGENOV ceased working at the Victim Business, but continued sending threatening messages. In one of those messages, dated December 26, 2019, KUDAYBERGENOV referenced two more employees of the Victim Business (“Victim-1” and “Victim-3”), writing, in part, “Happy new year [Victim-1]. Soon I kill homosexual dog [Victim-3].” Later, on January 26, 2020, KUDAYBERGENOV sent a message to the Victim Business and referenced two more employees of the Victim Business (“Victim-4” and “Victim-5”), writing, in part, “I was working there in [Victim Business] as a busboy. I work there with jews Managers named [Victim-4], [Victim-2] and others. Jew fucking guy (manager) named [Victim-4] asked me do you speak Spanish. I told him I wanna another holocaust killing 60 million jews like [Victim4]. [ . . . ] As long as these jews like [Victim-4], [Victim-2], and [Victim-5] are alive, they are dangerous. [Victim-1], we must kill them.” Additionally, on February 16, 2020, KUDAYBERGENOV sent a message to the Victim Business, writing, in part, “This message is to [Victim-1] . . . once upon a day I said that war started from a jew manager named [Victim-3] who created war, I will finish that war. I will put fire in all [Victim Business] restaurants in Brooklyn in Manhattan. The era of whites (jews) and negros are long gone.”
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KUDAYBERGENOV is charged with one count of making threatening interstate communications and one count of using false immigration identification documents, each of which carries a maximum sentence of five years in prison, and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison, which must be imposed consecutively to any other sentence imposed. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding work of the FBI, and the FBI’s New York Joint Terrorism Task Force, which consists principally of agents from the FBI and detectives from the New York City Police Department.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorney Matthew J.C. Hellman is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
 As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.