U.S. v. Holy Land Foundation: Difference between revisions

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In July 2004, a U.S. grand jury issued an indictment in the case of '''U.S. v. Holy Land Foundation''', a [[Texas (U.S. state)|Texas]]-based charity accused of providing financial support to [[Hamas]].<ref name=CNN2004-07-27>{{citation
| title = U.S. indicts Islamic charity on terror charges
| author = Terry Frieden
| journal = CNN
| date = 27 July 2004
| url = http://www.cnn.com/2004/LAW/07/27/holy.land.indictment/index.html
}}</ref> A mistrial resulted when the case first went to court in October 2007, with no convictions. A new trial was ordered, beginning in September 2008.<ref name=NEFA-HLFDOCS>{{citation
| url = http://www.nefafoundation.org/hlfdocs.html
| title = Selected Government Exhibits & Documents from U.S. v. Holy Land Foundation
| publisher = [[NEFA Foundation]]}}</ref>.
 
Convictions were handed down in November 2008, and sentences in May 2009.<ref name=DOJ>{{citation
| url = http://www.justice.gov/opa/pr/2009/May/09-nsd-519.html
| publisher = [[U.S. Department of Justice]]
| title = Press release: Federal Judge Hands Downs Sentences in Holy Land Foundation Case; Holy Land Foundation and Leaders Convicted on Providing Material Support to Hamas Terrorist Organization
| date = 27 May 2009}}</ref>
 
The Foundation's assets and operations were frozen in December 2001 by the [[U.S. Department of the Treasury]], <ref name=DOT>{{citation
| publisher = Office of Public Affairs, [[U.S. Department of the Treasury]]
| date = 4 Decemeber 2001
| id = PO-837
| title = Statement of Secretary Paul O'Neill on the Blocking of Hamas Financiers' Assets
| url=http://www.ustreas.gov/press/releases/po837.htm}}</ref> as part of a broader [[economic warfare]] effort against terrorist organizations other than [[al-Qaeda]] and the [[Taliban]]. Also blocked were the [[al Aqsa Bank]] and the [[Beit al Mal Bank]], which Secretary O'Neill also called direct financial arms of Hamas.
==Defendants==
*Holy Land Foundation for Relief and Development, also known as the “HLF”
{| class="wikitable"
|-
! width=15%|Name
! width=10%|Role
! width=75%|Sentence
|-
| [[Shukri Abu Baker]]
| President
|  65 years in prison: 10 counts of conspiracy to provide, and the provision of, material support to a designated foreign terrorist organization; 11 counts of conspiracy to provide, and the provision of, funds, goods and services to a Specially Designated Terrorist; 10 counts of conspiracy to commit, and the commission of, money laundering; one count of conspiracy to impede and impair the Internal Revenue Service (IRS); and one count of filing a false tax return.
|-
| [[Ghassan Elashi]]
| Chairman
| 15 years in prison.:  one count of conspiracy to provide material support to a designated foreign terrorist organization
|-
| [[Mohammed el-Mezain]]
| Director of Endowments
| 65 years in prison: 10 counts of conspiracy to provide, and the provision of, material support to a designated foreign terrorist organization; 11 counts of conspiracy to provide, and the provision of, funds, goods and services to a Specially Designated Terrorist; 10 counts of conspiracy to commit, and the commission of, money laundering; one count of conspiracy to impede and impair the Internal Revenue Service (IRS); and two counts of filing a false tax return.
|-
| [[Haitham Maghawri]]
| 
| Fugitive
|-
| [[Akram Mishal]]
| 
| Fugitive
|-
| [[Mufid Abdulqader]]
| 
| 20 years in prison: one count of conspiracy to provide material support to a designated foreign terrorist organization, one count of conspiracy to provide goods, funds, and services to a specially designated terrorist, and one count of conspiracy to commit money laundering.
|-
| [[Abdulrahman Odeh]]
| [[New Jersey (U.S. state)|New Jersey]] representative
| 15 years in prison: one count of conspiracy to provide material support to a designated foreign terrorist organization, one count of conspiracy to provide goods, funds, and services to a specially designated terrorist, and one count of conspiracy to commit money laundering.
|}
 
There are family ties between some of the defendants and Hamas leadership, notably Hamas’ deputy political chief, [[Mousa Abu Marzook]], who is married to a cousin of Ghassan Elashi.
==Unindicted co-conspirators==
With the indictment of the defendants was a lengthy list of unindicted co-conspirators, both individuals and organizations. <ref>{{citation
| url = http://counterterrorismblog.org/newslinks/upload/2007/06/Attachment%2BA%2B%28List%2Bof%2BUnindicted%2BCo-conspirators%29.pdf
| title = United States of America vs. Holy Land Foundation for Relief and Development, also known as the "HLF": List of Unindicted Co-conspirators and/or Joint Venturers
| id = CR NO. 3:04-CR-240-G
}}</ref>, grouped into several overlapping categories:
#Individuals/entities who are and/or were part of the HAMAS' social infrastructure in Israel and the Palestinian territories:
#Individuals who participated in fund-raising activities on behalf of the Holy Land Foundation for Relief and Development
#Individuals/entities who are and/or were members of the US Muslim Brotherhood's Palestine Committee and/or its organizations
#Individuals/entities who are and/or were members of the Palestine Section of the International Muslim Brotherhood
#Individuals who are and/or were leaders of HAMAS inside the Palestinian territories
#Individuals who are and/or were leaders of the HAMAS Political Bureau and/or HAMAS leaders and/or representatives in various Middle Eastern/African countries
#Individuals/entities who are and/or were members of the US Muslim Brotherhood
#Individuals/entities that are and/or were part of the Global HAMAS financing mechanism
#Other individuals/entities that (Hamas deputy political leader) [[Mousa Abu Marzook|Marzook]] utilized as a financial conduit on behalf and/or for the benefit of HAMAS
#Individuals who were HLF employees, directors, officers and/or representatives
#HAMAS members whose families received support from the HLF through the HAMAS social infrastructure
 
The [[Council on American Islamic Relations]] was listed in Category 3, as well as one of its cofounders, [[Omar Ahmad]].
 
In Category 7 was the [[Islamic Society of North America]].
 
==References==
{{reflist|2}}

Latest revision as of 16:41, 24 March 2024

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In July 2004, a U.S. grand jury issued an indictment in the case of U.S. v. Holy Land Foundation, a Texas-based charity accused of providing financial support to Hamas.[1] A mistrial resulted when the case first went to court in October 2007, with no convictions. A new trial was ordered, beginning in September 2008.[2].

Convictions were handed down in November 2008, and sentences in May 2009.[3]

The Foundation's assets and operations were frozen in December 2001 by the U.S. Department of the Treasury, [4] as part of a broader economic warfare effort against terrorist organizations other than al-Qaeda and the Taliban. Also blocked were the al Aqsa Bank and the Beit al Mal Bank, which Secretary O'Neill also called direct financial arms of Hamas.

Defendants

  • Holy Land Foundation for Relief and Development, also known as the “HLF”
Name Role Sentence
Shukri Abu Baker President 65 years in prison: 10 counts of conspiracy to provide, and the provision of, material support to a designated foreign terrorist organization; 11 counts of conspiracy to provide, and the provision of, funds, goods and services to a Specially Designated Terrorist; 10 counts of conspiracy to commit, and the commission of, money laundering; one count of conspiracy to impede and impair the Internal Revenue Service (IRS); and one count of filing a false tax return.
Ghassan Elashi Chairman 15 years in prison.: one count of conspiracy to provide material support to a designated foreign terrorist organization
Mohammed el-Mezain Director of Endowments 65 years in prison: 10 counts of conspiracy to provide, and the provision of, material support to a designated foreign terrorist organization; 11 counts of conspiracy to provide, and the provision of, funds, goods and services to a Specially Designated Terrorist; 10 counts of conspiracy to commit, and the commission of, money laundering; one count of conspiracy to impede and impair the Internal Revenue Service (IRS); and two counts of filing a false tax return.
Haitham Maghawri Fugitive
Akram Mishal Fugitive
Mufid Abdulqader 20 years in prison: one count of conspiracy to provide material support to a designated foreign terrorist organization, one count of conspiracy to provide goods, funds, and services to a specially designated terrorist, and one count of conspiracy to commit money laundering.
Abdulrahman Odeh New Jersey representative 15 years in prison: one count of conspiracy to provide material support to a designated foreign terrorist organization, one count of conspiracy to provide goods, funds, and services to a specially designated terrorist, and one count of conspiracy to commit money laundering.

There are family ties between some of the defendants and Hamas leadership, notably Hamas’ deputy political chief, Mousa Abu Marzook, who is married to a cousin of Ghassan Elashi.

Unindicted co-conspirators

With the indictment of the defendants was a lengthy list of unindicted co-conspirators, both individuals and organizations. [5], grouped into several overlapping categories:

  1. Individuals/entities who are and/or were part of the HAMAS' social infrastructure in Israel and the Palestinian territories:
  2. Individuals who participated in fund-raising activities on behalf of the Holy Land Foundation for Relief and Development
  3. Individuals/entities who are and/or were members of the US Muslim Brotherhood's Palestine Committee and/or its organizations
  4. Individuals/entities who are and/or were members of the Palestine Section of the International Muslim Brotherhood
  5. Individuals who are and/or were leaders of HAMAS inside the Palestinian territories
  6. Individuals who are and/or were leaders of the HAMAS Political Bureau and/or HAMAS leaders and/or representatives in various Middle Eastern/African countries
  7. Individuals/entities who are and/or were members of the US Muslim Brotherhood
  8. Individuals/entities that are and/or were part of the Global HAMAS financing mechanism
  9. Other individuals/entities that (Hamas deputy political leader) Marzook utilized as a financial conduit on behalf and/or for the benefit of HAMAS
  10. Individuals who were HLF employees, directors, officers and/or representatives
  11. HAMAS members whose families received support from the HLF through the HAMAS social infrastructure

The Council on American Islamic Relations was listed in Category 3, as well as one of its cofounders, Omar Ahmad.

In Category 7 was the Islamic Society of North America.

References

  1. ↑ Terry Frieden (27 July 2004), "U.S. indicts Islamic charity on terror charges", CNN
  2. ↑ Selected Government Exhibits & Documents from U.S. v. Holy Land Foundation, NEFA Foundation
  3. ↑ Press release: Federal Judge Hands Downs Sentences in Holy Land Foundation Case; Holy Land Foundation and Leaders Convicted on Providing Material Support to Hamas Terrorist Organization, U.S. Department of Justice, 27 May 2009
  4. ↑ Statement of Secretary Paul O'Neill on the Blocking of Hamas Financiers' Assets, Office of Public Affairs, U.S. Department of the Treasury, 4 Decemeber 2001, PO-837
  5. ↑ United States of America vs. Holy Land Foundation for Relief and Development, also known as the "HLF": List of Unindicted Co-conspirators and/or Joint Venturers, CR NO. 3:04-CR-240-G
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