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AMP Report – February 20, 2006
Another American Muslim charity shut down
Toledo, Ohio – Attorney Jihad Smaili said he has confidence in the U.S. justice system, but he expressed concern that secret evidence and other post-9/11 legal maneuvers will be used against KindHearts whose accounts were frozen by the Treasury Department last on February 19, 2006. Its offices in Toledo, Ohio were also sealed.
Pending a court battle all he and KindHearts can do is to tell their story, said Jihad Smaili, a board member of KindHearts.
KindHearts collects more than $4 million a year in donations, making it one of the largest Muslim charities in the United States.
The Treasury Department said it froze the accounts of the nonprofit group "pending investigation."
"KindHearts is the progeny of Holy Land Foundation and Global Relief Foundation, which attempted to mask their support for terrorism behind the facade of charitable giving," Treasury Under Secretary Stuart Levy said in a statement.
The United States shut down the Holy Land Foundation, once the largest U.S.-based Muslim charity, and the Global Relief Foundation after the Sept. 11, 2001, attacks. It said Holy Land had ties to Hamas and Global Relief was affiliated with al Qaeda.
"KindHearts officials and fund-raisers have coordinated with Hamas leaders and made contributions to Hamas-affiliated organizations," the Treasury said.
It said a former official of the Global Relief Foundation had established KindHearts to fill a fund-raising void created when Global Relief and the Holy Land Foundation were shut down.
Under the government action, U.S. citizens are barred from doing business with KindHearts.
KindHearts is as a nonprofit charitable organization administering humanitarian aid to the world's poor. In the past, its officials have denied being connected to any terrorist group or individual.
KindHearts board member and Cleveland lawyer Jihad Smaili reiterated that position. "This allegation that we support Hamas is unfounded and incredible," he said.
Imad ad-Dean Ahmed, head of the Islamic American Zakat Foundation, said donors were "concerned about donations being frozen and not getting to the intended destination, even when the organization may eventually be cleared." Giving alms, known as "zakat," to the needy is a requirement in Islam.
New allegations against KindHearts released by the Treasury Department Sunday include:
Lebanon-based Hamas leader Usama Hamden reportedly phoned a top KindHearts fund-raiser during a September 2003 KindHearts charity drive and expressed gratitude for KindHearts' support.
Information developed abroad shows that a KindHearts official known as Haytham Fawri collects money and sends it to Hamas and other groups in Lebanon.
Fawri, the Treasury Department said, is really Haytham Maghawri, KindHearts' manager in Lebanon and one of several Holy Land Foundation officials indicted in Texas on charges of providing material support to Hamas. Between 1998 and 2000, Maghawri is accused of approving 50 wire transfers by the Holy Land Foundation worth $407,512 to nine zakat committees owned or controlled by Hamas.
The KindHearts probe could lead either to its exoneration or official designation as an organization tied to terrorism. It is one of the 25 American Muslim charity organizations against whom US Congress began probe two years ago.
In November 2005, Sen. Chuck Grassley, the Republican Finance Committee chairman from Iowa, announced the probe had ended. In a written statement, Grassley said, "We did not find anything alarming enough that required additional follow-up beyond what law enforcement agencies are already doing."
But Grassley's committee issued a new statement in December 2005 saying its lack of action does not mean the groups had been "cleared." The committee, the statement said, "will continue to gather information and examine the operations of the charities."
In January 2005, another Muslim charity KinderUSA suspended its operations after the government targeted it for investigation.
In a statement, KinderUSA said the government probe has taken the form of unwarranted and obtrusive surveillance by the FBI, wiretapping, attempts to bribe and subvert our employees (which has caused them to resign in fear), spreading of malicious disinformation about the organization, and the possible invasion of our office space.
“In the current environment, we cannot in good faith continue to solicit donations when there are no safeguards in place to guarantee that the federal government will not seize these funds and divert them from their intended, legitimate destination. We have approached the government seeking an explanation to help us understand the basis of this investigation and are currently awaiting a response.
“We feel it is in the best interests of the beneficiaries, donors and the foundation to enter into a period of evaluation and review of our options during the calendar year of 2005,” KinderUSA concluded.
Post 9-11, Muslim American charities and donors live in constant fear of frozen funds, indictments and even closure, regardless of whether they have done anything wrong.
The case of former Florida university professor Sami al-Arian, who was acquitted on several charges of funding terrorists in December 2005 after almost three years in jail, highlights and underscores these concerns.
While government prosecutors said Arian provided money and support to Palestinian Islamic Jihad for terrorist activities, the defendant said any money he sent to the group was for charity. Arian remains in prison because the jury deadlocked on some charges.
Toledo Blade – February 22, 2006
Toledo-area Muslims ask for justice, fear backlash
David Yonke and Tom Troy
Leaders of the Toledo-area Muslim community, stung by the second federal investigation in 48 hours alleging links between some of their own and terrorism, struggled yesterday to balance faith in the U.S. justice system with fears of a possible backlash based on prejudice and stereotypes.
On Sunday, the Treasury Department froze the assets of and padlocked the West Toledo offices of the Muslim charity KindHearts while it probes alleged links between the charity and Hamas terrorists in the Mideast.
Yesterday, three local Muslims were indicted on federal terrorism charges alleging that they plotted "holy war" against U.S. and coalition troops in Iraq.
Representatives of three local mosques and a Muslim organization held a press conference last night at the Clarion Westgate Hotel in West Toledo to appeal for justice, denounce terrorism, and ask Toledoans not to leap to judgment.
There are about 6,000 Muslims in the Toledo community and some have roots going back 100 years, said Dr. S. Zaheer Hasan, a spokesman for the Islamic
Center of Greater Toledo. Many area Muslims have served in the U.S. military, he added, and the Muslim community has been vigilantly working with law-enforcement officials to keep an eye out for possible terrorists.
"First, we want justice to prevail and we believe in the justice system of our country," Dr. Hasan said in an interview with The Blade. "But we are concerned that it is putting Toledo Muslims on the map of the world and there is nothing good about it."
He emphasized that the three men charged yesterday had no ties to the Perrysburg Township mosque, one of the largest between New York and Chicago.
Ziad Hummos, president of the Masjid Saad, a West Toledo mosque, said the three indicted Toledoans had been seen occasionally at that mosque but were not members or frequent attendees.
"Hopefully, if they're guilty, they will pay the price. And if they're innocent, they will not be punished. If I knew they were going to harm this country, I'd be the first one to turn them in," Mr. Hummos said. "I would not hesitate. This is my country and the country of my children. We want all the people of the United States to be living in peace and harmony."
Jihad Smaili, a board member of the KindHearts charity, said he does not know any of the three Toledoans who were indicted yesterday.
"These men have absolutely nothing to do with KindHearts," said Mr. Smaili, a Toledo native and Cleveland attorney. "If the government has any evidence that they are connected in any way, please bring the evidence now, or stop picking on the charity that you destroyed two days ago."
Last year, when KindHearts was included in a list of two dozen U.S. Muslim charities being investigated by a Senate panel, donations dropped 25 percent even though no allegations or charges were ever brought forth, Mr. Smaili said….
http://toledoblade.com/apps/pbcs.dll/article?AID=/20060222/NEWS08/602220370
Toledo Blade – February 21, 2006
Leaders vigorously rebut U.S. allegations
Board members deny Hamas ties
David Yonke
The federal government's padlocking of a Toledo-based Muslim charity was politically motivated after the Hamas party's legislative victory in Palestine, KindHearts' leaders said yesterday.
The charity's West Toledo offices were locked and its assets frozen by the Treasury Department Sunday while the government investigates KindHearts for alleged ties to Mideast terrorists.
"It's dirty politics," said Dr. Hatem Elhady, chairman of the board of KindHearts, which raised $5.1 million in 2004. "They do not like the way things are going in Palestine. They do not like the election results. But that is not our problem. Our problem is providing aid to people in desperate need of help."
The Hamas party, which gained control of the Palestinian legislature in last month's elections, is the political wing of Hamas, which the United States considers a terrorist group. Hamas' platform calls for the destruction of Israel, and President Bush has hinted that he may seek to cut off $150 million in aid to the Palestinians.
The Treasury Department on Sunday issued a statement alleging links between KindHearts and a number of individuals and groups with Hamas connections.
Dr. Elhady and Jihad Smaili, a Cleveland lawyer and member of the charity's board, rejected all such allegations.
"I know the government has listened to every conversation that we've made and traced every wire sent from KindHearts USA to Lebanon or Palestine," Mr. Smaili said. "They know exactly what's going on and that we haven't done anything wrong."
He said KindHearts deserves an opportunity to present its case in court, but the government bypassed that option by using an executive order, established after the 9/11 terrorist attacks, that "blocks" KindHearts while it is under investigation.
"There's no judge saying that there's enough evidence. What is your evidence? They don't have any," Mr. Smaili said.
A Treasury Department spokesman said there is no timetable for the investigation.
A lengthy probe would be disastrous for the Toledo-based charity, Dr. Elhady said.
"That's exactly their goal. They will take too long and nothing will come out of it, but by the time they decide something, everyone will forget about KindHearts," he said…..
http://toledoblade.com/apps/pbcs.dll/article?AID=/20060221/NEWS08/602210376/-1/NEWS
Statement by KindHearts
In the morning hours of Sunday, February 19, 2006, Federal Agents from the Department of the Treasury and the Federal Bureau of Investigations, seized the Headquarters Offices of KindHearts located in Toledo, Ohio.
Simultaneously with the seizure of the Office, Federal Agents went to the homes of certain board members and a few employees and questioned them with regards to KindHearts' operations in this Country and its overseas offices.
Federal Agents also went to the home of KindHearts President Khaled Smaili, where they served a search warrant and seized numerous items. Khaled Smaili cooperated with the agents and answered all of their questions after repeated request for the presence of his counsel was denied.
Over One Million Dollars was seized from KindHearts' bank accounts. The overwhelming majority of this amount was earmarked for earthquake victims in Pakistan and for KindHearts new South Asia Division.
KindHearts had no prior notice to the Government action and was surprised since only a few months ago the Senate Finance Committee, chaired by Chuck Grassley, Republican from Iowa, had cleared KindHearts, and 21 other Muslim organizations, from any wrongdoing. From the outset of the Senate Finance Committee's commencement of investigation, KindHearts made formal appeals for the opportunity to present its side through testimony before the Committee. KindHearts further informed the Committee that its books were open for review by the Committee at any time. However, no invitation was extended.
After numerous requests from the Department of Treasury regarding the specifics of its allegations against KindHearts, no information was provided. The only accusation that KindHearts has been given notice of is the following:
You are hereby notified that all property and interests in property of Kindhearts for Charitable Humanitarian Development, Inc, including its representative office and all other offices worldwide, are blocked pending investigation into whether Kindhearts is subject to designation pursuant to Executive Order 13224, issued by President Bush on September 23, 2001, for being controlled by, acting for or on behalf of, assisting in or providing financial or material support to, and/or otherwise being associated with Hamas.
Department of Treasury Letter authored by Director Robert W. Werner, Director, Office of Foreign Assets Control, dated and served on Khaled Smaili on Sunday, February 19, 2006.
In response to this general and vague accusation, KindHearts unequivocally and completely denies that it was ever controlled, acted for or on behalf of, assisted financially, provided any material support to, or is associated in any way with Hamas. KindHearts goes further on the record to state that it unequivocally and completely denies that it was ever controlled, acted for or on behalf of, assisted financially, provided any material support to, or is associated in any way with any political entity, government, or any terrorist organization.
KindHearts reaffirms the goals and ideals of its Mission Statement and states that it conducted itself throughout its existence with one guiding mission in mind: to help alleviate the pain and suffering of any and all needy individuals around the world through the generosity of its donors, the kindness of its employees and volunteers, and through other non governmental organizations.
Other than being associated with Hamas pursuant to the above language, the government has failed to officially allege anything else. The Government, has, however, made numerous statements to the media with regards to information that the Government claims "links" KindHearts to Hamas. KindHearts believes that these actions by the Government are naked attempts to taint the general public's, and potential jurors', opinion of KindHearts outside of the parameters of admissible evidence. Although it is very difficult to address these allegations from the media, KindHearts does state that it categorically denies that it has ever violated any law, rule, regulation or standard of conduct set forth by our Government.
In addition, KindHearts is hopeful that the Government will not resort to its usual practice of hiding behind the veil of its own laws which have questionable constitutional legitimacy, i.e. the use of secret evidence and other extrajudicial mechanisms under the pretext of national security pursuant to the USA PATRIOT Act. KindHearts only requests that to which it is entitled to under our often envied principles of freedom and democracy.
KindHearts notes that although it understands the political climate of our Country, and our current Government's new stated policies on the Middle East Peace Process, it finds it unfair that our Government made an extrajudicial decision to effectively wipe-out more than 5 years of humanitarian assistance to the world's needy by the stroke of a pen. The immediate effects of KindHearts' closure have already been felt in orphanages, schools, shelters and medical centers around the world.
In the early days of its existence, KindHearts reached out to the Government and requested guidance with regards to entities and individuals it can deal with without running afoul of the law. The Government's response was to direct KindHearts to the Web listing of the Office of Foreign Assets Control listing names of individuals/entities that KindHearts could not deal with.
According to our Government's instruction, KindHearts was to check this listing before dealing with any organization, entity, individual or group. KindHearts put forth internal procedures for the implementation of these oversight measures. KindHearts submits that it has never dealt with any organization, entity, individual or group during anytime that such organization, entity, individual or group was listed on the OFAC Website.
KindHearts challenges the Government to present any evidence that would establish otherwise. Subsequently, the Government issued Voluntary Guidelines that were anything but practical or workable. That notwithstanding, KindHearts developed internal checks and balances and adopted the Voluntary Guidelines in its everyday business. The same was the result when the Government recently updated/amended those guidelines. Again, KindHearts challenges the Government to present any evidence that KindHearts violated any of these even voluntary guidelines.
It becomes increasingly clear that KindHearts has become yet another victim of our overzealous government in a long line of Muslim organizations that have suffered the same fate. At the end of the day, unfortunately, the Government will do what the Government wants to do.
In accordance with its kindhearted nature, KindHearts hereby proposes to the Government the following in an attempt to minimize the effects of the Government's action on those victims around the word that count on KindHearts for their everyday needs: KindHearts is prepared to agree to the distribution of the funds currently held by our Government, except for those funds that will be expended on payment to employees for past services provided and for upcoming legal fees, to be spent under the auspices and administration of the USAID Program (of which KindHearts is a member) or any other NGO (United Nations, Red Crescent, etc.) on KindHearts programs, or any other humanitarian program that it deems justified. However, KindHearts requests that special consideration be given to the refugees in the earthquake ravaged areas of Pakistan since the overwhelming majority of frozen funds were earmarked for projects therein.
Jihad M. Smaili, Esq.
Jihad M. Smaili, Esq., L.L.C.
South Wing, Western Reserve Building
1468 West 9th Street, Suite 330
Cleveland, Ohio 44113
(216) 685.9500
(216) 685.9685 (facsimile)
www.smaililaw.com
www.smaililawfirm.com
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