Miss Kelly

Jail Time for Muntasser

Emadeddin Z. Muntasser, former president of Care International,  gets a one year jail sentence, which apparently keeps open the option to detain and possibly deport Muntasser after he serves his sentence.  This is a welcome outcome after Saylor overturned the jury's guilty verdict last month and dropped a number of charges against other Care International officers. Not too shabby an outcome, all in all. 

"The founder of a Muslim charity was sentenced yesterday in U.S. District Court to a year in prison and fined $10,000 for lying to an FBI agent when he denied traveling to Afghanistan in 1994-1995."

"In sentencing Emadeddin Z. Muntasser, former president of Care International Inc., a defunct Boston charity, Judge F. Dennis Saylor IV doubled the maximum amount of prison time and the fine called for under the federal advisory sentencing guidelines. Mr. Muntasser, 43, is a former Worcester resident and Worcester Polytechnic Institute graduate living in Braintree. He must report for his prison sentence within four weeks."

"...Mr. Muntasser was detained Jan. 11, the day a federal jury convicted him in Boston on charges of conspiracy to defraud the United States and scheming to conceal material facts as well as lying to a federal agent. But expectations that Mr. Muntasser might be freed on a sentence of time served were raised after Judge Saylor reversed the jury verdict on the two most serious charges and freed Mr. Muntasser June 13 on conditions to await sentencing yesterday."

Judge Saylor said that Muntasser's statements to a federal agent - about a trip to Afghanistan to meet with Afghan warlord Gulbuddin Hekmatyar - were not the "garden variety false statements."  I like this exchange of  views between the defense and Judge Saylor:

"...Ms. Sullivan (defense lawyer) argued that Mr. Hekmatyar had been invited to the White House as an anti-Soviet hero, but Judge Saylor said that by 1994 Mr. Hekmatyar was shelling Kabul and by the time of the interview in 2003 he had been branded a terrorist by the U.S. government."

The judge also commented that while Muntasser showed "many charitable and other worthy attributes," Saylor had difficulty reconciling that with what he read in Care International's newsletter Al Hussam, which supported violence and called for "rivers of blood to flow."  Welcome to the fight against jihadism and  extremism, Judge Saylor.   That's what it looks like, there's the public side and there's the underside. The public side masks the underside, where the real action is. The public side is so good, that people who raise questions about the underside get branded as Islamophobes or racists.  It's an effective cover.

Who would have thought a couple of years ago that we'd be talking about Afghan warlords and jihadi newsletters in our civilian court trials?  For a case where Judge Saylor kept reminding the jury "wasn't about terrorism," it obviously was.  I don't have a problem with that, but as it seems a clumsy, costly, often ineffective way to fight terrorism.  It makes a dent, no doubt, and maybe scares some people from supporting terrorist groups.  But this trial demonstrates what a poor fit our civilian court system is for  getting these guys. 

And the jail time for Muntasser does nothing to deal with the hundreds (thousands?) of people in the Boston/Worcester area who wrote out checks to Care International marked "for Chechnya" or "for jihad only."   How do we fight what appears to be significant support for terrorist groups in Massachusetts?

Kudos to Lee Hammel of the Worcester Telegram for his in-depth reporting on this case.  Lee, how about asking for comments from Muntasser’s previous defense team – Susan Estrich and Harvey Silverglate? 

My previous blog postings on this case here.

More Care International Trial Coverage and Developments

I've missed a few recent developments in the Care International trial, will try to catch up here.  My last post (here) concerned the move by Judge Dennis Sayler IV to overturn the jury's conviction and drop most charges brought against the defendants.  Sigh.  Two steps forward, one step back.  (Or is it one step forward, two steps back?)  It's unusual for a judge to dismiss charges at this stage of the process.  Typically, the defense would press the judge to drop the charges before it went to jury deliberation.  It's an unusual course of events.  Anyway, some updates and assessment:

First, more info from Worcester Telegram reporter Lee Hammel (who's done a terrific job of covering this) on Judge Sayler's statements about the feds' case:

"... Judge Saylor said yesterday the role of a judge 'is not to help or hinder foreign policy goals' or make statements of broader significance. Instead a judge’s role is to examine the facts of a case 'with a cold eye, according to the law.' ”

"...Government prosecutors quickly left the courtroom after registering objections to the ruling, which will preserve their right to appeal. Judge Saylor had noted that his decision to wait until yesterday to acquit the defendants, rather than doing it before the case went to the jury in January, enables the government to appeal the decision."

OK, that's a good thing, at least.    The Worcester Telegram has an op-ed on June 6, 2008 about the judge's decision:

"It would be naive to pretend that the case had no connection whatsoever to terrorism. The government presented evidence showing connections between the now-defunct Care International charity and the financing of jihadist and mujahedeen organizations in places such as Bosnia, Libya and Chechnya. Nonetheless, the charges and evidence in this case pertained to tax fraud and conspiracy. Terrorism per se was not on the docket, and, in Judge Saylor’s view, the government did not meet the legal standard necessary to sustain its case for all those charges that were."

Feds vs Terrorists - One Step Forward, Two Steps Back

This AP article has the best summary of yesterday's developments in the Care International trial. The feds have been tracking these people, their associates, and where their money went for over ten years.  What a disturbing development for Judge Sayler to overturn the jury convictions.  Why is it so difficult to prosecute people in our own country who are funding violent jihadist activities? 

The progress of the DOJ  on this one seems to be one step forward (the January 2008 conviction of all three men) and two steps back.  The feds are working with their hands tied behind their backs, by a judge who wouldn't allow introducing evidence that ties these men to Osama bin Ladin, Jose Padilla and the first World Trade Center bombing.  He didn't want to "prejudice the jury," since this was ostensibly a tax fraud case.  Were the feds punished by Judge Sayler for making this a "hybrid" prosecution?   Did the feds overplay their hands and crow a bit too much about the initial jury conviction? 

"U.S. Attorney Michael Sullivan said prosecutors were evaluating the judge's oral ruling and are awaiting a written opinion before deciding on whether to appeal the decision."

" ''At present, we anticipate that we will seek approval from the Solicitor General to appeal the court's ruling to the 1st Circuit Court of Appeals, and we will seek the reinstatement of the jury's verdict of guilty to all three defendants," Sullivan said in a statement."

"...Prosecutors said the men failed to disclose that Care was a successor to the Boston branch of the Al-Kifah Refugee Center in New York, which was linked to the 1993 World Trade Center bombing.  The center was a recruitment office for Mektab al Khidmat, which Osama bin Laden co-founded in the 1980s to recruit mujahideen to fight the Soviets in Afghanistan,  according to the 9-11 Commission."

I'm sickened that these groups operated for so long under our noses. And no doubt many still are. More sophisticated now though, likely using real estate transactions to raise and launder money.

"Prosecutors acknowledged Care did some legitimate charity work, but said the group concealed non-charitable activities from the government. Specifically, prosecutors said the men did not tell the government it supported mujahideen in Afghanistan,  Bosnia, Chechnya, Pakistan and other countries. Care also used a portion of its donations to publish an English translation of 'Join the Caravan,' a pro-jihad book."

What does it take?

Many Charges Dropped in Care International Case

UPDATE BELOW

This case has many twists and turns.  In todays' hearing, Judge Dennis Sayler dropped many of the charges against the four defendants.  I can't tell from the newspaper article which charges remain and what the sentencing is likely to be for the remaining charges. Update from the Worcester Telegram:

"A federal judge today threw out the most serious charges for which three officers of a defunct Muslim charity were convicted."

"Muhamed Mubayyid of Shrewsbury, Emadeddin Z. Muntasser of Braintree and Samir Al-Monla, of Brookline – the latter both formerly of Worcester – were convicted in January of conspiracy to defraud the United States by securing and maintaining tax-exempt status between 1993 and 2003 for the defunct Boston charity, Care International Inc., and other charges."

"U.S. District Court Judge F. Dennis Saylor IV dismissed all of the charges against Mr. Al-Monla and all but one charge against Mr. Muntasser."

"The judge also set aside Mr. Mubayyid’s conviction for conspiracy to defraud the United States, but let stand most of the other charges for which he was convicted. Judge Saylor noted that the bulk of the violations for which Mr. Mubayyid was convicted fell within the six year statute of limitations covering those offenses."

"...The hearing today was to decide whether to acquit the defendants or to order a new trial. While Judge Saylor acquitted them of the most serious charges, he did not order a new trial on the remaining charges."

Can't tell which charges were upheld and what the sentencing might be.  I'll look for analysis by the folks at the CounterTerorrism Blog on this development.

UPDATE

This Boston Globe article has more details on what charges remained and the consequences for the men:

"US District Court Judge F. Dennis Saylor IV threw out the convictions of Samir Al-Monla of Brookline for conspiring to defraud the United States and engaging in a scheme to conceal the true origins of the nonprofit charity, Massachusetts Care International Inc., which allegedly promoted jihad and supported Islamic militants overseas. Al-Monla is expected to be freed this afternoon."

"The judge also acquitted Emadeddin Muntasser of Braintree, who owns Logan Furniture, of the same charges but allowed his conviction for making false statements to the FBI to stand. However, federal sentence guidelines call for a maximum of six months in prison for that crime, and Muntasser's lawyers said he has spent almost that much time at a federal detention facility in Rhode Island since the Jan. 11 verdict, making it likely he will be freed within days."

"Saylor said that the government had failed to prove that the two deliberately schemed to deceive the Internal Revenue Service about their organization's activities. He also said the government's evidence against the men was 'thin'. "

"Federal prosecutors said they would likely appeal to the 1st US Circuit Court of Appeals"

"Saylor also dismissed a conspiracy conviction against a third leader of the group, Muhamed Mubayyid of Shrewsbury, but declined to overturn his conviction on four other offenses, most for filing false tax returns. Mubayyid's lawyer, Michael C. Andrews, said that he was disappointed and that his client could face as much as five or six years in prison when he is sentenced next week."

There's something wrong when a country's judicial system can't protect our us from people who come here to raise money for violent jihad in Chechnya, Bosnia, Pakistan, Israel and other places and call for "rivers of blood to flow."  I don't understand how a judge can throw out the convictions made by a jury. 

The judge prevented evidence from being introduced into the trial that demonstrated the the ties that Care International had with terrorists (including Osama bin Laden, who funded the parent organization) , and now the judge says that the government didn't prove that Care International was involved with terrorism.  The feds have their hands tied somewhat. I hope they mount a successful appeal and soon.

My previous blog posts about the Care International trial are here (scroll down).

Sentencing in Care International Case?

There was a hearing this morning at the Moakley Federal Court House on the Care International trial.  Four Massachusetts men whose organization, Care International, raised $1.7 million to fund violent jihad were found guilty of tax-related crimes.  Both the defendants and the government have submitted memorandum to the court on sentencing considerations and recommendations. 

Lee Hammel of the Worcester Telegram has been on the case, of course, and wrote this article before today's sentencing hearing:

"The U.S. Attorney’s office predicted that the eyes of the world will be upon the courtroom of U.S. District Judge F. Dennis Saylor IV and urged him not to go below the sentencing guidelines in the case of three convicted officers of a defunct Muslim charity."

“ 'The impact of a sentence here will likely be interpreted across the world as some barometer of the United States’ attitude toward the abuse of its civil infrastructure to support fighting and armed conflict,' Assistant U.S. Attorney Aloke Chakravarty wrote. 'Especially when the problem of ostensible charitable organizations diverting money to noncharitable activities is a contemporary concern of international significance, the deterrent impact is magnified.' ”

"He was referring to the sentencing of a Shrewsbury man and two former Worcester men who were convicted of conspiracy to defraud the government, scheming to conceal material facts and other charges. The scheme in which Muhamed Mubayyid, 42, of Shrewsbury; and Emadeddin Z. Muntasser, 43, of Braintree, and Samir Al-Monla, 50, of Brookline were convicted was for obtaining and keeping tax-exempt status for Care International, a Muslim charity in Boston."

"....There is a dispute between the government, the probation department and the defendants over what the guidelines should be. In the case of Mr. Muntasser, for example, the government believes the sentence guideline should be 97 to 121 months in prison; Probation calculated 63 to 78 months; and the defense wants no more than 6 months."

"But Judge Saylor is expected to announce in federal court in Boston today whether there will even be a sentence. He previously conducted two days of hearings on motions on whether he should acquit the defendants despite the jury verdict or order a new trial."

Stay tuned!

Care International Trial - One Motion to Acquit Rejected

Update on the Care International trial, from the Worcester Telegram:

"Judge F. Dennis Saylor IV has declined to overturn a jury verdict in the conviction of three Muslims because of alleged unfairness by jurors."

 

"But there were numerous other reasons that lawyers for the three former officials of a defunct Muslim charity said the defendants should either be acquitted or given a new trial in U.S. District Court. Judge Saylor made no ruling on the other motions at the end of two days of post-trial arguments."

"Muhamed Mubayyid of Shrewsbury, Emadeddin Z. Muntasser of Braintree and Samir Al-Monla, of Brookline — the latter both formerly of Worcester — were convicted in January of conspiracy to defraud the United States by securing and maintaining tax-exempt status between 1993 and 2003 for the defunct Boston charity, Care International Inc., and other charges."

It's almost amusing, not only were these guys raising money to wage violent jihad in Chechnya, Bosnia, Pakistan, to help "fight in the path of Allah against the disbelievers", but they also think this is going to be tax-exempt?!   How do you say 'chutzpah' in Arabic?

Blood Money - Using Tax Fraud to Stop Terrorist Financing

There's a new Boston monthly about the law called Exhibit A News, and their feature article for May is about the Care International case: Blood Money - Why did terrorist-fighting feds nab three local businessmen ... for tax fraud? It's a good summation of the case, including how Care International financed violent jihad overseas to the tune of $1.7 million and how the government prosecuted this case. 

"Seventy-seven years ago, the feds turned to tax law to help them finally nab Chicago gangster Al Capone."

"Today, in the wake of 9/11, they’re employing the same strategy to nail suspected terrorism financiers."

"And Emadeddin Z. Muntasser, the owner of Massachusetts-based Logan Furniture, is their test case."

"Muntasser’s nightmare began when he signed an IRS application in 1993 seeking tax exemption for a charity he had founded. Little did he know that his signature would be used one day to persuade a jury that he is a terrorist."

"And yet that is precisely what happened recently when Muntasser became the first person to be nabbed under a new federal initiative that relies on tax law to prosecute U.S.-based Muslim charities suspected of financing terrorism abroad."

"Claiming that Muntasser and two other officials of the now-defunct Boston-based Care International omitted information on the charity’s tax forms, prosecutors charged the men with a slate of tax-related crimes, including filing a false tax return, making false statements, and engaging in a 'scheme to conceal material facts' and a 'conspiracy to defraud the United States.' It is believed to be the first time that a tax technicality has been the basis of a terror case."

Let's hope it's just the beginning!

"On Jan. 11, a jury in the Moakley U.S. Courthouse in Boston found Muntasser, Samir Al-Monla and Muhamed Mubayyid guilty of conspiracy against the IRS."

"The three men who raised $1.7 million for charity now face a decade in prison and hundreds of thousands of dollars in fines."

A sentencing hearing hasn't been held yet.  Muntasser's lawyers keep filing motions for acquittal on some counts and for a new trial on others.  The wheels of justice are grinding slowly indeed, which is how it goes, especially when you've got deep pockets.  And Muntasser (or whoever is backing him) has DEEP pockets.  The latest from PACER:

Electronic Clerk Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference as to Samir Al-Monla, Emadeddin Z. Muntasser, Muhamed Mubayyid held on 5/14/2008, Case called, Counsel appear by telephone for status conference, Parties and Court discuss sentencing issues and whether an evidentiary hearing is necessary, Court will hold evidentiary hearing re: tax issues, Court will decided whether evidentiary hearing re: terrorism is needed after briefs are filed and oral argument, Court orders dfts to file expert report re: tax expert by 5/30/08, Govt to file brief re terrorism evidentiary hearing by 5/30/08, Responses to be filed by 5:00PM on 6/3/08, Court schedules hearing: ( Status Conference/hearing on scope of evidentiary hearing set for 6/6/2008 at 9:00AM in Courtroom 2 before Judge F. Dennis Saylor IV.), Court resets evidentiary hearing to 6/12/08 at 2:00PM, Court will keep the scheduled hearing on 6/10/08 at 2:00PM on the docket, (Court Reporter M. Kusa-Ryll.)(Attorneys present: Several) (Castles, Martin).

You can read my previous posts about this case here. 

Care International Trial Update

Here's a few recent developments in the Care International case, which we're following here at Miss Kelly.  You can read my previous postings about the case here (scroll down).   Three things:

1. The judge denied bail to the three defendants who were convicted last month, and all are still held in custody.  In evaluating the bail arguments, Judge Saylor noted that "all three men have substantial ties to their respective communities.... Nonetheless, the judge remained convinced by prosecutors that the defendants represent a flight risk because they are citizens of other countries with family, financial and other substantial supports outside the U.S."  A DOJ attorney also noted that the " defendants are citizens of Lebanon, Libya and Kuwait...which do not have extradition treaties with the United States."


2. There's a new attorney on board for Emadeddin Muntasser, Faith E. Gay of Quinn Emanuel Urquhart, a NYC law firm.  Ms. Gay is an out-of-state lawyer brought in for this case only. According to  the firm's website: "Ms. Gay's principal current clients in civil trial and appellate matters include Coca-Cola, Morgan Stanley, Home Depot, Motorola, Choicepoint, General Electric, Allegheny and AIG."  Not too shabby!  These Care International  defendants certainly have serious $$$ to spend on lawyers.  Who's funding that?  MAS? ISNA?  Susan Estrich, also a lawyer for Muntasser, recently went to work for Quinn Emanuel Urquhart. 


3. Here's a fascinating link that the local media haven't picked up on yet, from Dr. Rachel Ehrenfeld:

"Finally, the former leaders of al Qaeda affiliated Boston 'charity' CARE International were convicted. Not for funding al Qaeda, which they have, but for cheating on their taxes."

"CARE Int. members not only funded al Qaeda, but also had access to U.S. top national secrets through Ptech, Yassin al Qadi's funded IT company in Quincy, Massachusetts. This connection, to the best of my knowledge was first exposed in my article Dollars of Terror , in FrontPageMagazine.co,  April 18, 2005."

Remember PTech, the Qunicy IT firm that was raided by the FBI back in 2002?  Guess who worked for PTech?  Suheil Laher, Care International's treasurer, for one.  And so did Muhamed Mubayyid, another Care International treasurer.  How curious, how bizarre, and what a coincidence!  Read all of Ehrenfeld's article on Care International and PTech.

 

More curious coincidences: one of Ptech's founders was Abdurahman Muhammad Alamoudi.  Remember Alamoudi?  He also founded the Islamic Society of Boston, but he's doing jail time now for his involvement in a Libyan plot to assassinate Saudi Crown Prince Abdullah. 

 

Small world, innit?  So many Islamist radicals operating in the Boston area for so long.  The interconnectedness of all of them is quite something.

Govt Prosecution of Terrorist Groups "Not Fair"

It didn't take long for the skeptics to come out and criticize the government's prosecution against Care International, and the subsequent conviction.  It's not "fair," critics say, to prosecute terrorists on tax evasion charges, making false statements to federal agents or immigration charges.  We should only be trying them on terrorism charges, whatever that means.

Yesterday's Boston Sunday Globe featured an article entitled "Small Change - Why We Can't Fight Terrorists by Cutting Off Their Money."  The Worcester Telegram also wrote about the case, "Terror Tag Not Right - Judge not Persuaded of Justice Deptartment Term."  Both articles voiced the same concerns that the government was engaged in discriminatory law enforcement against Muslims, and these cases wouldn't make a dent in terrorist financing anyway. From the Globe article:

"But now critics are starting to suggest that the American war on terrorist finances doesn't work - that it is expensive, time-consuming, and turns people against America, while failing to prevent terrorist organizations like Al Qaeda from getting the relatively small amounts of money that they need. The US government, critics charge, has abused the sweeping powers granted to it in the wake of 9/11, rushing into ill-considered prosecutions and opting for political grandstanding rather than effective policy."

" 'This whole hunt for terrorist money has been driven by politics and bureaucracy, not reality,' said Ibrahim Warde, a political scientist at Tufts University's Fletcher School of Law and Diplomacy, and author of The Price of Fear: The Truth Behind the Financial War on Terror, which was published last summer."

And from the Worcester Telegram:

"Civil libertarians worry that verdicts such as the one Jan. 11 in Boston deal a blow to the country’s freedoms, which they say have been reeling since the Sept. 11 attacks six years ago. 'My general problem … is that they are using these prosecutions to go after groups that they think might be connected to terrorism, where they really don’t have any evidence that they are connected to terrorism,' said Jules Lobel, co-author of the book Less Safe, Less Free: Why America Is Losing the War on Terror."

“ 'So instead of going after the group on a terrorism charge, they use some kind of lesser or technical charge, in this case a tax charge. And I think that is illegitimate,' said Mr. Lobel, a law professor at the University of Pittsburgh. 'On the basis of their fears of terrorism, they’re just trying to find whatever law violation they can, and that strikes me as discriminatory law enforcement.' ”

Where does one start? 

• The critics offer no proof that the government's efforts to stop the flow of terrorist financing aren't working.  I bet the government's efforts are working to some extent, and these prosecutions are playing a role.  These cases are the visible, overt part of the government's overall efforts to limit terrorist financing.
• These trials "turns people against America"??   The folks who give money to support mujahideen in Chechnya, Bosnia, Pakistan, etc. are not favorably disposed to America in the first place.  Frankly, I don't care much if people like us or not.  Do other countries fret much about whether the rest of the world likes them?  Warde cites the impact of the government's actions on Al-Barakaat, a Somalian organization whose assetts were temporarily frozen.   Given the chance to immigrate to the U.S. or stay in Somalia, I'm guessing most Somalians would come here in a heart beat, despite our supposed "bad image" there.
• The government is going after people who "might be connected to terrorism"??  There wasn't any "maybe" or "might be" with Care International.   Care's newsletters openly glorified jihad and martyrdom, calling for Muslims to "fight in the path of Allah."  There were numerous connections to and support of known terrorists, only some of which could be revealed in court.   
• The feds went for prosecution on tax evasion and making false statments because they could, these charges are essentially easier to prove.  The government spent years in tracking and developing this case, it started long before 9/11. I'm not sure what Warde or Lobel think the government should use to prosecute terrorists. 
• It's "illegitimate" to prosecute on so-called "lesser" charges?  Was it "illegitimate" to convict Al Capone of tax evasion charges and of conceling deadly weapons?  Using these tactics has proven to be successful against mafioso and drug traffickers, as well as terrorist financiers.  It works. More power to them.

In some ways,  Warde and Lobel are right:  these individual cases won't stop terrorist financing.   But each guilty verdict makes a dent and makes a statement. Each sentence of jail time is probably a pretty good deterrent to someone else.   Prosecuting murderers doesn't stop murders either, but that's no reason to stop prosecuting them. 

Warde says we need to "look at root causes" and "try to win hearts and minds."  He's sort of right there too, but we likely don't agree on what these root causes are, or how to win hearts and minds.  When I read that Emadduddin Muntasser came to the U.S. as a 17-year old from Libya, that he developed a successful furniture chain business here, I wonder what the "root causes" were for the adult Muntasser to swear allegiance to a Afghan warlord.  What root causes make a successful American immigrant print and distribute Join the Caravan, Abdullah Azzam's guidebook on waging violent jihad?  Join the Caravan calls for Muslims to "fight in the path of Allah against the disbelievers", based on quotations from the Koran. The root causes for Mr. Muntasser to turn jihadi supporter don't appear to be poverty, lack of opportunity or lack of freedom.  The root causes appear to be persuasive religious arguments. How do we argue with that?

What were the "root causes" that caused so many American Muslims to wrote checks out to Care International, specifying on the checks that the money was to be used "for jiahd only" or "for Chechen Muslim fighters"?  I would like to know what Dr. Ward thinks these root causes really are.

Note to Muslims concerned with giving money to charity: there are thousands of charitable organizations to donate money to.  Investigate any organization you donate to, and stop giving money to people who are promising to use it for jihad or "tourism."    Nobody is trying to stop you from donating to charity.   

Local Papers on the Care Intrntl Trial/ Verdict Will Be Appealed

I feel like a media geek, covering the coverage of the news.  There is a story in what gets covered and what doesn't, what level of detail and background is included, etc.  This federal trial has been largely ignored in the Boston papers, although the Worcester Telegram did follow it closely.    Yesterday's article in the Worcester Telegram just gave the basics that were in the AP story, nothing new.  I hope Lee Hammel continues to cover the case.  Shelley Murphy of the Boston Globe got a new angle in her article today: Norman Zalkind, the defendants' lawyer says he will appeal.  He cites a concern with juror bias: 

"They (defense lawyers) urged jurors not to be swayed by any unpopular political views espoused by their clients, and also raised questions about jury bias shortly before yesterday's verdict, citing a question one juror sent to the judge during deliberations."

"The juror's note asked whether he could consider the 'emotional impact' that the Sept. 11 terrorist attacks had on society when deciding whether to convict the defendants. He was told he could not."

Judge Saylor interviewed the juror, and determined that he wasn't biased.  A little more context on that question demonstrates that the jury member had empathy for the defendant, not bias against him.  Why would that be grounds for appeal?

"In a telephone interview last night, Jean Ngarambe, of Salem, the juror who wrote the note, said he didn't have any bias as a result of Sept. 11, 2001, but was trying to determine whether he could consider the emotional impact on Muntasser, who was born in Libya and is a Muslim. He said he believed Muntasser's contention that he lied to the FBI in 2003 about his earlier travel to Afghanistan because in the post-9/11 world, he feared that he might be sent to the US detention camp at Guantanamo Bay in Cuba.

" 'He had a good reason to lie,' said Ngarambe, who added that he would have acquitted Muntasser of lying if the judge had allowed them to consider his motivation and emotional state."

Well, no, Muntasser didn't have a good reason to lie.  No Americans were being sent to Guantanamo, although lawyers and defendants love to raise that bogeyman.  I don't like hearing that someone would acquit a defendant because he "thought he had a good reason to lie."   You lied to a federal agent or you didn't. Right is right, wrong is wrong, lying is wrong, and we are a nation of laws.  Nonetheless, the juror was sympathetic to Muntasser, not prejudiced against Muslims.  The lawyers will try to find some grounds for appeal, but this ain't it.  Judge Saylor IV has been fair, but he's not let the defense walk over him either.

Good follow-up by Shelley Murphy on this aspect of the case. 

 

Analysis on the Boston Care International Trial

The guys over at CounterTerrorism blog wasted no time in analyzing the Care International Trial.

"Two Counterterrorism Blog Contributing Experts served as expert witnesses at the trial.  Evan Kohlman testified on the use of Muslim charities in the U.S. and Europe to funnel money into mujahedeen staging areas such as Zagreb, Croatia, and Peshawar, Pakistan.  Matthew Levitt testified on the concept of "economic jihad," practiced by groups who encourage those who cannot fight holy wars to instead donate to others engaging in jihad and opined that Care International’s solicitations and support programs for widows and orphans were an example of economic jihad."

Bill West penned a quick post about the "Al Capone" approach:

"On the heels of the HLF and Liberty 7 mistrials in Dallas and Miami, respectively, this win for the Government is significant. It also reinforces the "Al Capone" investigative and prosecution theory of attacking significant threat organizations, be they criminal or terrorist, with any viable violations that are uncovered, even if those violations might otherwise be considered "second tier" charges. That tested concept, quite simply, works."

Evan Kohlmann wrote about his expert testimony on the how "charitable organizations" have used the United States as a base to raise money and recruit on behalf of extremists groups, including Makhtab-e-Khidamat, Al-Gama`at al-Islamiyya, the Algerian Armed Islamic Group (GIA), Gulbuddin Hekmatyar. Lots of details in his post on the evidence against the Care International folks.  You can read excerpts of Kohlmann's testimony here, at the NEFA Foundation.

Boston was really a hotbed of extremist Islamic activity in the early 1990's.  How much is still going on?  Who's still around and active? 

Care International Leaders - GUILTY

The verdict came back on the Care International trial in Boston, after only several days of deliberation.  Are the feds getting better at prosecuting these cases?

"BOSTON— Three former leaders of an Islamic charity were convicted Friday of duping the U.S. government into getting tax-exempt status by hiding the group's pro-jihad activities."

"Care International Inc. described its mission as helping war orphans, widows and refugees in Muslim nations. But prosecutors said the organization also distributed a newsletter promoting jihad and supported Muslim militants involved in armed conflicts around the world."

"Emadeddin Muntasser, the founder of Care International; Muhammed Mubayyid, the group's former treasurer; and Samir Al-Monla, the president of Care from 1996 to 1998, were charged with tax code violations, making false statements and conspiracy to defraud the United States."

"The federal jury found them guilty on all counts, except a false statements count on which Al-Monla was acquitted."

" 'Today's verdict is a milestone in our efforts against those who conceal their support for extremist causes behind the veil of humanitarianism. For years, these defendants used an allegedly charitable organization as a front for the collection of donations that they converted for the purpose of supporting violent jihadists,' Assistant Attorney General Kenneth Wainstein in Washington said in a statement."

"Defense attorneys, who did not immediately return calls for comment Friday, had accused prosecutors of trying to sensationalize the charges into a terrorism case by highlighting the newsletter."

"Muntasser, 42, owner of the Logan Furniture Co., was born in Libya and now lives in Braintree. Mubayyid, 42, was born in Lebanon and now lives in Shrewsbury. Al-Monla, 50, was born in Kuwait, now lives in Boston and is a U.S. citizen."

Can/will they appeal?  Will Harvey Silverglate and Susan Estrich continue to represent them?

Bravo to the FBI and DOJ.  You can read the DOJ press release here. Excerpt:

K"enneth Wainstein, Assistant Attorney General for National Security; U.S. Attorney Michael J. Sullivan; Warren T. Bamford, Special Agent in Charge of the Federal Bureau of Investigation - New England Field Division; and Douglas A. Bricker, Special Agent in Charge of the U.S. Internal Revenue Service, Criminal Investigation - Boston Field Office, announced today that EMADEDDIN MUNTASSER, age 43, of Braintree, SAMIR ALMONLA, age 50, of Brookline, and MUHAMED MUBAYYID, age 42, of Shrewsbury, were each convicted by a jury sitting before U.S. District Judge F. Dennis Saylor, IV, of Conspiring to Defraud the United States and Engaging in a Scheme to Conceal Information from the U.S. Government. In addition, MUNTASSER was convicted of Making False Statements to the Federal Bureau of Investigation during an interview conducted in April 2003 and MUBAYYID was convicted of three separate counts of Making and Filing False Tax Returns on behalf of Care International, Inc. (“Care International”) for tax years 1997, 1999, and 2000. MUBAYYID was also convicted of obstructing and impeding the Internal Revenue Service. AL-MONLA was acquitted on one count of making false statements to the Federal Bureau of Investigation during an interview conducted in April 2003."

Re: sentencing, from the DOJ press release:

"Judge Saylor scheduled sentencing hearings for the defendants on April 2rd, 3rd, and 4th, 2008. MUNTASSER, MUBAYYID and AL-MONLA each face up to 5 years in prison followed by 3 years of supervised release and a $250,000 fine for each of the following counts...."

My previous postings on the Care International trial here.

What's Going on Behind the Scenes at Care International Trial?

I've been reading the Worcester Telegram's coverage of the Care International Trial in Boston (previous postings here).  Reporter Lee Hammel has closely followed this case. Criminal charges were brought against three Worcester men for making false statements and filing a false tax return. Their now-defunct Muslim charitable organization was apparently raising money to fund mujahideen in Bosnia and Chechnya and other locales, in addition to raising funds for widows and orphans. You can read the indictment here.

Recent developments have not been good. Two defendants were acquitted of one of the eight charges (obstructing the Internal Revenue Service) last week:

" Judge F. Dennis Saylor IV made the ruling on the motion by Susan R. Estrich, one of Mr. Muntasser's lawyers, on the 21st day of the jury trial, ....He acquitted on the obstruction charge because the six-year statute of limitations expired on the 2005 indictment for all but Muhamed Mubayyid, who filed Care International's tax returns while serving as treasurer from 1997 to 2003."

Today, an ex-IRS official contradicted a prosecution witness, testifying that Care was properly granted tax exempt status in 1993:

"Marcus S. Owens, the top IRS official concerned with tax-exempt status from 1990 to 2000, also testified yesterday that even if IRS officials had seen Care International's inflammatory newsletter, it would not have made a difference. "

Yes, Care's newsletters were quite inflammatory:

"Care's fundraising literature openly glorifies jihad and martyrdom. Its ultra-militant newsletter, known as Al-Hussam, described itself as an exclusive, authentic source of information about 'Jihad action.' Al-Hussam contained such violent exhortations as 'Fight them, and Allah will punish them by your hands, and disgrace them, and help you (to victory) over them' and 'it is now that fighting has come and there will always be a group of [Muslims] who fight in the path of Allah, they fight until the day of Judgment.' (Newsletters dated April 16, 1993; February 5, 1993

This excerpt came from Steve Emerson's testimony before a House Committee on Financial Services Subcommittee on Overight and Investigations on March 11, 2003.  Two Boston area Islamic centers prohibited distribution of the newsletter, yet the "top IRS official" is unconcerned with its content.

Do we really have to extend freedom of speech to people who wish to do us harm?

I went to PACER to look up the trial (anyone can sign up, it allows access to court info and documents for a minor fee).  There are now 387 documents filed on this case (4:05-cr-40026-FDS), which was originally filed on May 11, 2005. 

I'm not a lawyer and I've never closely followed any trial before, but as I was browsing through the listing of documents, I was struck by the enormous number of objections raised by the defendants' counsel to EVERYTHING.  They repeatedly try to get charges dismissed; exclude evidence, transcripts, expert witnesses; and propose new jury instructions after virtually every witness. Nine different memoranda, objections and motions were filed on December 17th alone.  I count 50-odd memoranda, objections and motions filed by defense since October 1, 2007. The majority of these motions to dismiss or exclude were denied by Judge Sayler.

Is this standard operating procedure for a trial like this? Or is this an attempt to tie the feds up in knots? Are the defense attorneys simply doing their job, or are they trying to overwhelm and confuse the jurors?

How deep are the defendant's pockets that they can afford all these legal maneuevres? Do we think that Harvey Silverglate and Susan Estrich are doing this pro-bono? 

Hugh Fitgerald is one to something when he calls for special courts for jihad cases, along the lines of patent and tax courts. As he wrote about the Dallas TX Holy Land Foundation mistrial:

"This shows again the need for special courts, with jurisdiction over all cases about Jihad, for they cannot be understood without a solid grounding in the texts and tenets and attitudes and atmospherics of Islam, and that takes a bit of study, far more study than the average judge will put in, and certainly more than those selected for juries."

BTW, the defense's law firm is Zalkind, Rodriguez, Lunt and Duncan, LLP, the same firm that is defending former Sharon, MA imam Muhammad Masood (charged with immigration fraud).  The Muslim Amerian Society has been reportedly footing the bill for Masood.

If only there was a smart cookie of a law student or legal intern somewhere who could pore over the 387 documents and create a narrative about what's going on. Lee Hammel is doing an excellent job in covering the trial, but clearly there's bucket loads of stuff going on behind the scenes.

UPDATE: A pretty smart lawyer tells me that the large number of motions filed in this case are par for the course in a criminal case, not out of the ordinary.  OK.

Waging Economic Jihad / Are Jewish FBI Agents Biased?

More facinating details revealed at the Care International Trial in Boston (note the sidebar with case background).  Lee Hammel ought to write a book after this.   A lot went on yesterday in court, including a request for a mistrial by the defense (denied by Judge Saylor) and repeated questioning about the Jewish background of one of the witnesses.   From today's Worcester Telegram:

"A government witness yesterday testified that Care International falls into the pattern of Muslim charities that engage in economic jihad."

"Matthew Levitt, former Deputy Assistant U.S. Treasury Secretary for Intelligence and Analysis, said economic jihad is practiced by groups who encourage those who cannot fight holy wars themselves to instead make donations enabling others to engage in jihad. He said that Care International’s solicitations aimed at women and children, as well as the organization’s support programs for widows and orphans, do just that."

"Mr. Levitt, a former intelligence analyst for the FBI, also told the jury in U.S. District Court that Al-Kifah Refugee Center is another name for Makhtab Al-Khidamat, Arabic for Human Services Office. He testified that MAK was founded by Sheikh Abdullah Azzam “and another person” and provided financing and support to those fighting jihad."

Who's the "other person"?  That would be Osama bin Laden, but the prosecution can't mention his name in court.  The jury might get some crazy ideas about links to terrorism or some such.   

"Later in the day, in a hearing without the jury, Charles P. McGinty, lawyer for Samir Al-Monla, called for a mistrial to be declared....  Judge Saylor, who overruled numerous defense objections to Mr. Levitt’s testimony, denied the motion for a mistrial."

In every article I've read on this case, the defense has mounted numerous objections.  It sounds like most were denied or overruled.   Yesterday, one of the attorneys asked an inordinate number of questions about the religious background of Matthew Levitt, the government witness mentioned above.

"Norman S. Zalkind, a lawyer for Emadeddin Z. Muntasser, questioned Mr. Levitt’s employment at the Washington Institute for Near East Policy, which was founded by a former official of AIPAC, a lobbying organization of Israel. He also noted that Mr. Levitt spent time living with his father in Israel and speaks Hebrew, but only now is learning Arabic."
"When he questioned whether Mr. Levitt, who did undergraduate work at Yeshiva University, studied the Torah, Judge Saylor interrupted to ask why he was asking. Mr. Zalkind said he was questioning Mr. Levitt’s biases and prejudices."

Ahhh, those tools of the Zionist billionaires!  They're everywhere!  Miss Kelly is pleased to be one herself, according to one of my angry commenters.  But I digress...back to the lively day in court:

"After the prosecution rested its case, Susan Estrich, another lawyer for Mr. Muntasser, asked for a judgment of acquittal."

So how does Muntasser "score" Susan Estrich as counsel?  Estrich is widely known for running the Dukakis presidential campaign (into the ground) back in 1988.  (The Snoopy-like image of Dukakis' head bobbing up from a tank still brings a chuckle.) I bet she costs a pretty penny, as does Harvey Silverglate, the former ACLU president in MA.   Estrich and Silverglate wrote a motion to dismiss the case back in October 2006 (and apparently again in March 2007), arguing that the "prosecution violates defendants' rights of free speech and free exercise of religion," among other things.  Estrich and Silvergate maintain that the  "defendants merely exercised their religious freedom and obligation to give 'zakat' (Islamic charity)."  Religous freedom is great, but let's not commit national suicide, for crying out loud.  We do not need to allow people to literally wage war against ourselves.  Gotta the draw the line, people!  It's mind boggling stuff.   

One of the final witnesses yesterday was an IRS agent, who testified about Care International's activities:

"Special Agent Lauren Youngquist of the Internal Revenue Service testified that Care International and Al-Kifah had sent more than $130,000 to the “Human Services Office” or “Services Office” between 1993 and 1995. She said some of those checks and wire transfers went to Bosnia, where mujahedeen were fighting Serbs."

"She also told prosecutor B. Stephanie Siegmann that $21,000 was transferred in 1993 from Al-Kifah Refugee Center accounts to Care International Accounts. Agent Youngquist said that an Al-Kifah solicitation flyer said that donations were tax deductible but that in fact the IRS has never listed Al-Kifah as a tax-exempt organization."

"She said that the tax identification number on Bay Bank’s records actually is Mr. Muntasser’s social security number."

Sounds like a lively day in court.  I'm guessing it won't take the jury very long to come to a verdict.  We shall see.  Kudos to Lee Hammel for his day-by-day coverage of the trial.

Care International Trial - No Jihad Here, Just Idle Chit-Chat

According to the Worcester Telegram's article today, the prosecution is expected to wrap it up today.  The wiretap evidence introduced by the feds on Monday was characterized by the defense as idle chit-chat:

"Defendants in the tax fraud and false statements case against three officials of a defunct Muslim charity yesterday portrayed much of the evidence in U.S. District Court from wiretapped conversations as idle chatter rather than a plot to fund holy war."

Jihad? Holy war? Mujahideen?  We were just kidding! 

"....With the prosecution expected to rest its case today, it showed the jury part of a video that the FBI seized from Muhamed Mubayyid showing Muslims fighting in Bosnia."

"Also, FBI language analyst Salime Vallee said there were differences between the Arabic versions of Al-Hussan, Care International’s newsletter, and the English translation that was packaged with it."

"In the Arabic version, the organization was called Maktab al Khidamat, while it was called Care International in English, she said."

"Makhtab al-Khidamat/Al Kifah has been named a specially designated terrorist organization by the U.S. Government. The defendants deny the U.S. Attorney’s charge that it is an outgrowth and successor organization of Al-Kifah Refugee Center."

As mentioned below, this case is, in a sense, a micro-mini version of the Holy Land Foundation trial in Dallas.  The government is looking for "white-collar" ways to prosecute these cases, where the violation or crime is clear cut. William West had an excellent piece in Counterrorism Blog about a year ago about the government using the "Al Capone" approach to prosecute organized crime, drug traffickers and terrorist organization using non-terrorism crimes such as fraud, conspiracy or immigration violations.  More power to 'em. 

Prosecuting Terrorism Cases - Review of Capitol Hill Panel

CQ Politics reviews yesterday's panel on the Holy Land Foundation trial in Dallas and the Muslim Brotherhood, held on Capitol Hill:

"Prosecutors thought it was an open and shut case.... After hours of deliberation, jurors deadlocked over one of the charges and the judge declared a mistrial."

"The collapse of the Department of Justice’s case against the Holy Land Foundation in October was deemed an exoneration by the defendants and a challenge to a key legal stratagem in the war on terrorism by some in academia and the media."

"Legal and terrorism experts who gave a presentation on the trial to congressional staff members Tuesday said it’s neither of those things, though it might require prosecutors to build a more convincing argument next time."

Although the outcome of the Holy Land trial was unfortunate, the trial did publicize the infiltration of the Muslim Brotherhood in many American Muslim organizations:

"The Holy Land trial broke ground in that it brought to light the secretive, largely underground, highly sophisticated operations of one of the largest, most influential Islamist groups in the world."

"The Muslim Brotherhood, a radical group that dates back to the late 1920s, has long harbored a plan to overthrow both secular governments in the Middle East and liberal Western democracies."

"(Douglas) Farah said government exhibits show that in the 1970s it began to infiltrate the United States through student organizations on college campuses."

"In the 1980s, the Brotherhood formed front groups to provide social services and began to provide weapons training to its members, in 1987, forming Hamas as an armed group."

"Then, in 1991, it wrote its 'explanatory memorandum' on activities in North America:

“ 'The process of settlement is a ‘Civilization-Jihadist Process,’ with all the word means. The Ikhwan” — Muslim brotherhood — “must understand that their work in American is kind of a grand Jihad in eliminating and destroying the Western civilization from within and sabotaging its miserable house by their hands and the hands of the believers so that it is eliminated and God’s religion is made victorious over all other religions.' ”

I'd like to see billboards with that quote raised all across our country, so people will know what the Muslim Brotherhood - and its spinoff organizations such as ICNA, MAS and MSA - are really up to.   

The CQ Politics article includes the testimony of Jeffrey Breinholt, director of national security law for the International Assessment and Strategy Center, who discussed the government's tactics in prosecuting terrorism and terrorism support cases. The Care International trial underway in Boston (you can read my postings on that here) came up:

"Prosecutors can overcome this problem by referring to terrorism-finance cases as white-collar enforcement and embargo cases. A current federal case in Boston, in which the organizers of a now-defunct Muslim charity, Care International, are on trial for tax fraud, may bear out the prosecutorial technique of charging defendants with what the government thinks will stick."

“ "We didn’t get John Gotti the first time,' he (Breinholt) said, adding that past trials related to the Holy Land Foundation’s activities were successful." 

Update - Care International Trial in Boston - Wiretaps! Tourism!

Why isn't this trial getting more coverage in the mainstream media or the blogosphere?

Thank goodness for Lee Hamel of the Worcester Telegram, who's been following the Care International trial in Boston, in which three men from a defunct Muslim charity were charged with tax evasion.   They claimed that their charity was raising money for widows and orphans, but they neglected to mention it was also raising money for jihadists around the world.  This blog summarizes two recent articles, first from last week's Worcester Telegram (December 5, 2007):

"Some Muslim charities in war-torn areas around the world do a lot more than care for refugees: They help fund the fighters behind the wars."

The judge continued to warn the jury that the trial was about tax evasion and making false statements, not supporting terrorism:

"They were given a global tour of figures who have been in the news since terrorism — or freedom fighting — began shaping the headlines in the 1980s, compliments of Evan F. Kohlmann, one of the prosecution’s expert witnesses."

"....under questioning from Assistant U.S. Attorney Aloke Chakravarty, Mr. Kohlmann pointed out Muslim charities in the areas where Muslim holy warriors are trying to reclaim Muslim land provide money 'not just to refugees but to the fighters themselves.'  He said money funneled into mujahedeen staging areas such as Zagreb, Croatia, and Peshawar, Pakistan, comes from charities in North America and Europe."

Hmm, curious phrase that: "Muslim holy warriors trying to reclaim Muslim land." I'd like to hear the definition of "Muslim land."  Any place where Muslims ever ruled? Any place where Muslims have settled?  Andalucia, Spain? 

From today's Worcester Telegram article, we pick up some juicy stuff from wiretaps of the three men's conversations with extremists:

"The jury in the case of three officers of a defunct Muslim charity listened yesterday to wiretaps in U.S. District Court in which two of the defendants spoke to two men who subsequently were convicted with Jose Padilla on terrorism conspiracy charges."

"However, when jury members heard Emadeddin Z. Muntasser and Samir Al-Monla, successive presidents of Care International from 1993 through 1998, talk to Kifah Jayoussi and Adham Hassoun, they were not told that Mr. Jayoussi and Mr. Hassoun are awaiting sentencing in federal court in Miami after having been convicted in August with Mr. Padilla. Mr. Jayoussi and Mr. Hassoun and Mr. Padilla were charged with belonging to a North American terrorism support cell that provided money, recruits and supplies to Islamic extremists around the world."

Me no lawyer, but tell me again why this is being kept from the jury? Why isn't this relevant to this case?  Back to the wiretaps:

"About three dozen wiretaps going back to November 1994 and authorized under the Foreign Intelligence Surveillance Act were introduced to the jury. In an Aug. 3, 1998, intercept, Mr. Jayoussi spoke to Mr. Al-Monla about raising money for the wife of a man serving a life sentence."

"Mr. Jayoussi told Mr. Al-Monla that Mahmoud Abu Halima had been chairman of a defense committee for the man charged with murdering Jewish militant Rabbi Meir Kahane on Nov. 5, 1990, and who “joined the group of the skyscraper in N.Y.” — presumably meaning the World Trade Center bombing five years earlier."

"Mr. Al-Monla offered $1,000, but told Mr. Jayoussi 'to send me a letter saying that this is a request to help a family or some poor people or something like that.' With Care International incorporated to sponsor widows and orphans affected by overseas wars, Mr. Al-Monla cautioned Mr. Jayoussi not to mention any names in the request for money."

Sounds deceitful to me.  Three cheers for wiretaps! The rest of the article has whet my appetite to know more, more, more!  Check this out:

"In a somewhat eerie conversation on Nov. 9, 1994, Mr. Muntasser invited Mohamad Zaky to speak at a fundraising dinner in Boston less than a month later. With Mr. Hassoun also on the line, Mr. Muntasser said to Mr. Zaky, who also is known as Abu Omar, 'we are looking for a brother who knows about matters over there and to give an inciting speech.' ”

Where in Boston?  Who's Mohamad Zaky/Abu Omar?  Who sponsored the fundraising dinner? Did they find their fiery speaker? Who attended? How much money was raised?  Enquiring minds want to know!

"By the following June 2, the feature story in Al-Hussam, Care’s newsletter, was about the martyrdom of Abu Omar, whom it called one of the best mujahideen, having gone from Afghanistan to Bosnia to Chechnya, where he was killed by a Russian shell." 

"There also was a Jan. 19, 1996, conversation between Mr. Hassoun, Kassem Daher and Mr. Muntasser. Mr. Muntasser mentions two Islamic centers in the Boston area that prohibit the distribution of the newsletter. "

Finally, some evidence that not all Islamic centers support extremists and terrorists!  Which centers were these?

"He (Hassoun) also told of an Egyptian who spoke in the United States to an audience about “tourism,” which is a code word for holy warriors going to take part in jihad. Mr. Muntasser laughed as Mr. Hassoun related how the speaker talked for a half hour and the translator left out a reference to “tourism,” leaving a translation of “a minute and a half.”

More questions! Who was the Egyptian?  Where was he speaking?  Was this one speech or was he on a tour?  What Islamic centers did he speak at?   Who attended these lectures about holy warriors taking part in jihad? 

Widows and orphans, my a##. 

Important details are being revealed in this trial about the underlying jihad-supporting network that exist in our communities. I'm glad to see the Worcester Telegram covering it. Where's the Boston Globe?  Where's Fox TV and the Boston Herald and NECN?

Previous postings on this case here.

Update on Care International Trial in Boston/ "Seas of Blood for Jihad"

I need to play catch-up with the Care International Trial that's currently going on in Boston, which is getting decent coverage in newspapers in Massachusetts and England.  Three former Worcester, MA men have been charged by the DOJ with making false statements and tax code violations: Emadeddin Muntasser (originally from Libya), Muhammed Mubayyid (Lebanon), and Samir Al-Monla (Kuwait). I wrote about this case earlier here.   The three men were accused of making false statements to the government to obtain tax-exempt status for their "charity," Care International.  The government alleges that Care used the funds they collected to support Muslim militants in Bosnia and Chechnya (think Beslan) and to publish pro-jihad newsletters.  Care International raised $1.7 million dollars between 1993 and 2003. According to the indicted men, that money was for widows and orphans.  But the personal checks made out to this "charity" were marked “for Jihad only,” “Mujahideen of Bosnia,” “Bosnia Jihad fund,” and “Chechen Muslim Fighters”. Here are updates on the trial, as published in a variety of newspapers:

• International Herald Tribune, November 13, 2007 - Trial begins for three charged in Muslim charity probe, 

"Prosecutors allege that Care was raising money to support mujahideen, defined in the indictment as "Muslim holy warriors," and that it published the pro-jihadist newsletter called "al-Hussam," which means "The Sword" in Arabic. Specifically, prosecutors say the men did not tell the government that it supported mujahideen in Afghanistan, Bosnia, Chechnya, Pakistan and other countries. Care also used a portion of its donations to publish an English translation of  Join the Caravan, a pro-jihad book."

"But defense attorneys accuse prosecutors of trying to sensationalize the charges into a terrorism case by highlighting the newsletter....Harvey Silvergate, a prominent Cambridge civil rights attorney, and Susan Estrich, the former presidential campaign manager for Massachusetts Governor Michael Dukakis who is now a professor at the University of Southern California Law School, have argued that Care's activities were protected by the First Amendment, which guarantees freedom of speech and of religion."  As the Irish would call them, "Idjeets."

• Boston Globe, November 15, 2007 - Ex-heads of Islamic charity go on trial. I'm pleased to see that Shelley Murphy of the Globe is covering this trial. Bravo, Globe! 

"Defense lawyers warned jurors yesterday not to be swayed in a trial that will involve talk of jihad, Muslim holy warriors, and extremist sentiments. They say that three former leaders of a defunct Boston-based Islamic charity who are on trial in federal court accused of tax fraud are being unfairly prosecuted for expressing unpopular political views in newsletters and on a website."

"....Defense lawyers accused the government of unfairly suggesting that Care sent money to Islamic militants fighting overseas, when the only support provided was in the form of writings in newsletters and online postings.... Lawyers said the charity sent money to Muslim widows and orphans and victims of disaster all over the world." 

Yew betcha!

• Boston Globe, November 16, 2007 - FBI agent says charity founder lied about Afghan trip

"An FBI agent testified yesterday that the founder of a defunct Boston-based Islamic charity told agents he had "never ever" been to Afghanistan, but they later learned he traveled there in 1994 and personally met with a notorious Afghan mujahideen warlord.  FBI special agent Christopher Peet told jurors that he and another agent showed up unexpectedly at Emededdin Muntasser's office in April 2003 to question him about the charity, Massachusetts Care International Inc., and its ties to a New York organization. He said they would have drastically changed their focus if Muntasser had disclosed his meeting in Afghanistan with warlord Gulbuddin Hekmatayr."

"Hekmatayr, who led a group that helped end Soviet occupation of Afghanistan in 1989, was designated a global terrorist by the US State Department in February 2003. But US District Judge F. Dennis Saylor ruled yesterday that jurors should not be told that Hekmatayr was an alleged terrorist because it could prejudice them against Muntasser and his two codefendants."

"....In his opening remarks, Norman Zalkind, Muntasser's lawyer, said his client initially didn't disclose his trip to Afghanistan in 2003 because he was fearful that he might be sent to the US detention camp at Guantanamo Bay in Cuba." 

Zalkind is also the lawyer for Sharon imam Muhammad Masood, indicted for making false statements to federal agents and immigration fraud.  The Muslim American Society was reportedly paying Masood's legal fees.  I wonder who's paying the legal feed for these three gentlemen.

• Worcester Telegram, November 22, 2007 - Lee Hammel is tracking this case too: Vow to warlord alleged in trial

"The prosecution introduced a document yesterday that it said indicates two Muslim defendants on trial in U.S. District Court vowed their allegiance to an Afghan warlord in 1995.  The document is a letter surreptitiously copied by the FBI in a Northboro self-storage unit about four weeks after the 9-11 terror attacks in 2001, when the Joint Terrorism Task Force used a search warrant authorized by the Foreign Intelligence Surveillance Court. Among the seven signers of the letter were Emadeddin Z. Muntasser and Samir Al-Monla, according to the U.S. attorney’s office."

"....In a letter that prosecutors said was believed written in April 1995, around the date of other copied documents, the seven men addressed Gulbuddin Hekmatyar, writing, 'We are prepared, Allah willing, to abide by your commands and we are forever in the fold of obedience and military service.' 

What's that again about widows and orphans?

• Worcester Telegram, November 28, 2007 - ‘Seas of blood’ for jihad extolled in articles to jury

"A Muslim newspaper promoted the virtue of giving up one’s life for jihad and was critical of those who speak against it. Excerpts from the newspaper Al-Hussam (The Sword) and from other publications taken in 2003 from a Northboro self-storage locker rented by the charity Care International were read to a jury in U.S. District Court yesterday."

"Al-Hussam quoted Abdullah Azzam, a central figure in the jihad movement, as saying Afghan Muslims, who drove the Soviets out of their country in the 1980s, 'didn’t get to where they are now without courage, without mountains of martyrs, without seas of blood.'

"Al-Hussam, the name of the newspaper of both Al-Kifah Refugee Center in Boston and Care International in Boston, had an article in the Feb. 24, 1995, issue saying that 'Jews, Christians and liars joined in a plan which was financed by the Saudi regime, executed and produced by Pakistan' to prevent a united Muslim government in Afghanistan."

That's a novel conspiracy theory for you. Brilliant! 

"Article after article was read to the jury, interrupted by frequent warnings from Judge F. Dennis Saylor IV that the three defendants had a right to hold and publish their views and practice their religion, and should not be punished by the jury for doing so."

Dear God, please save us from ourselves. He's the judge and I'm not, but I think Saylor the IVth (and Silvergate and Estrich) should be reminded that the Constitution is not a suicide pact.  When a community's "religious practices" call for the destruction of the "disbelievers and tyrants" (that's us), why on earth should we allow them to practice that "religion"?  Can't we be more discerning about who we let into the U.S.?

Meanwhile, which side does the Boston Muslim American Society choose?  From an e-mail sent out via the moderated MAS e-mailing list this past Wednesday, November 28, 2007:

"A Muslim brother has been indicted by federal prosecutors and the trial has started last week at the "John Joseph Moakley United States Courthouse". His case clearly fits the pattern of the "witch hunt" cases (like the Holy Land Foundation case) already brought before the justice."

"The defense lawyers strongly recommend that there be a sizable audience at the courtroom in support of our Muslim brother, so please make every effort to attend part of the trial (or all the trial if you can). May Allah reward for that. "

"The trial takes place everyday (Monday to Friday) from 9 AM to sometime in the afternoon (whenever the judge decides to stop). Here is the courtroom address (on the water front): Courtroom #22,  John Joseph Moakley United States Courthouse, 1 Courthouse Way, Boston, MA"

Ah, yes, another witch hunt, just like the Holy Land Foundation, just like the criminal charges against Imam Masood. Always a witch hunt, never approriate charges filed against people with criminal intent who broke the law.

I strongly encourage people to attend the trial.  Be there or be square!

Care Trial in Boston / Poor Legal Advice or Is Someone Lying?

There's a follow-up article in the Worcester Telegram about the federal trial in Boston against three former leaders of a defunct Islamic charity.  I blogged about this upcoming trial last week here.   According to the Boston Globe, this is "the first criminal trial in US District Court in Boston that will explore the role of US charities in financing terrorism."   The three men were accused of making false statements to the government to obtain tax-exempt status for their "charity," Care International.  They allegedly used the funds they collected to support Muslim militants in Chechnya and Bosnia and publish pro-jihad newsletters.   An important trial, I'd say! 

Worcester Telegram reporter Lee Hammel wrote about Khalid Naseem, the immigration lawyer who filed naturalization papers for Emadeddin Z. Muntasser, one of the three indicted men:

"BOSTON - A Central Massachusetts immigration lawyer who signed a naturalization application with substantial omissions came under fire yesterday in U.S. District Court."

"At issue was whether Khalid Naseem advised his client, Emadeddin Z. Muntasser, in 2002 that he did not need to list either travel outside the country or organizations with which he was associated beyond five years previously. Mr. Naseem denies he advised his client not to list information older than five years."

"....Mr. Muntasser, who lived in the Worcester area in the 1980s, is charged with making false statements to the FBI in 2003 when the Libyan native denied traveling to Afghanistan and Pakistan in 1994 and 1995 — travel that also was left off his original 2002 citizenship application."

"In addition, Mr. Muntasser, 42, who was president of the defunct Boston charity Care International, also is charged, along with Samir Al-Monla, 50, of Boston, a subsequent president of the charity, and Muhamed Mubayyid, 42, of Shrewsbury, a treasurer of Care, with conspiracy to defraud the United States, scheming to conceal material facts, and obstructing and impeding the Internal Revenue Service."

Here's why Khalid Naseem, Muntasser's lawyer, is in hot water now:

"The naturalization application of Mr. Muntasser, now of Braintree, is not one of the four charges on which he is being tried, but it is being used to try to convince the jury he is not truthful.

"Mr. Naseem told Assistant U.S. Attorney B. Stephanie Siegmann he did not advise Mr. Muntasser to limit answers to the question of whether he was ever associated with any organization or what trips he had taken outside the country since becoming a permanent resident. He said he did not check Mr. Muntasser’s immigration file, where such trips were listed on a previous application to become a permanent resident, because he relied on Mr. Muntasser’s answers."

"...But Mr. Zalkind (Muntasser's lawyer) was incredulous Mr. Naseem thought it was the truth that Mr. Muntasser belonged to no organizations. Mr. Zalkind noted Mr. Naseem had filled out Care International’s tax returns for several years at the request of Mr. Muntasser, who was listed as president of the group. Mr. Naseem, whose children were taught at religious school by Mr. Muntasser and has been a lawyer since 1995 and a certified public accountant for a decade before that, estimated he has filled out 50 to 100 immigration forms."

"Mr. Naseem, who said he filled out Care’s tax forms without pay as part of the charity dictated by Islam, said neither the Greater Worcester Islamic Society, to which they both belonged, nor Care International are membership organizations."

Really?  The Greater Worcester Islamic Society (GWIS) is not a membership organization?  People can belong to an organization, but they're not members?  This is mysterious to me!  This also seems like lying or deception, dunnit?

So who's lying here about 1) whether Muntasser was advised that he only had to report his overseas travel going back five years, and 2) whether Muntasser was advised that he didn't have to include his affiliation with GWIS or Care International on his naturalization application?   Lawyer Naseem or alleged Jihadi Supporter Muntasser?  Both?

I hope Lee Hammel stays on top of this trial.  It would be nice of the Boston Globe would assign someone too.