[1][2][3][4] The group was led by Shahed Hussain, a Pakistani criminal who was working for the FBI to avoid deportation for having defrauded the New York State Department of Motor Vehicles.

The FBI's use of seemingly affluent informants promising luxury goods, large sums of money, and generous favors to the four low-income defendants led to accusations that the agency had engaged in entrapment.

In dissent, the Chief Judge Dennis Jacobs said there was scarce evidence of previous intent and that Cromitie was "badgered" into joining the plot.

[11] James Cromitie (born December 24, 1964) was first recruited by Shahed Hussain, an Albany hotel owner and FBI informant at the Masjid al-Ikhlas mosque in Newburgh, New York,[12][11] which he attended on only a few occasions.

They were also to fire Stinger surface-to-air guided missiles at military planes at a nearby air base, although it was not clear if they were to target any crewed aircraft.

"[14] Shahed Hussain, a Pakistani immigrant, agreed to serve as an FBI informant after being arrested in 2002 over a scam involving driver's licenses.

[15] He previously served as an informant in an unrelated terrorism investigation in Albany, which resulted in the convictions of Yassin M. Aref and Mohammed Mosharref Hossain.

[17] On May 6, 2009, the men traveled to Stamford, Connecticut, to pick up what they believed to be a surface-to-air guided-missile system and three improvised explosive devices, all of which were incapable of actually being used.

[17] The men also conducted surveillance of military planes at the Air National Guard base, including taking photographs to prepare for the attack there.

[4][12] The men were returning to their vehicle and heading to attack aircraft at the Stewart Air National Guard Base in Newburgh, New York, with the fake Stinger missiles when law enforcement stopped them.

Relying on materials provided by the government (including recordings and FBI agents' affidavits), the defense argued that the plot was proposed and closely directed by the FBI's informant, who "suggested the targets, paid for the defendants' groceries, bought a gun, provided the fake bombs and missile, assembled the explosive devices and acted as chauffeur".

"[7] James Cromitie served his sentence at the Federal Correctional Institution, Allenwood Medium, a medium-security facility in Pennsylvania, and was released on April 17, 2024.

[28] Onta Williams served his sentence at the Federal Correctional Institution, Mendota, a medium-security facility in California, and was released on October 24, 2023.

[29] David Williams served his sentence at the United States Penitentiary, Pollock, a high-security facility in Pennsylvania, and was released on January 24, 2024.

[30] Laguerre Payen served his sentence at the United States Penitentiary, Allenwood, a high-security facility in Pennsylvania, and was released on October 24, 2023.

McMahon characterized the three men as "hapless, easily manipulated and penurious petty criminals" and "small time grifters" who only participated because Cromitie said he would pay them using money from Hussain.

However, Hussain had left the United States when the crash occurred, and U.S. investigators were unable to locate, question, or positively tie him to the accident.

In a 2021 plea bargain, Shahed's son Nauman Hussain—who managed day-to-day operations at the company—pleaded guilty to 20 counts of criminally negligent homicide for his role in the crash,[36] and was sentenced to five to fifteen years in state prison in 2023.

Representatives Elise Stefanik and Paul Tonko called on the FBI to reveal whether it had any knowledge of Shahed Hussain's activities with the limousine company before the crash.

In August, Stefanik told Fox News that she had not received any response from the bureau, and a spokeswoman for Tonko stated likewise when asked by the Albany Times Union.