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).

Comments

[Darwin]

Miss Kelly fails to understand what these men were charged with. This was NOT a terrorism case. This was a TAX case. They were charged with lying to the IRS about the activities the charity would be engaged in and, let us not forget, that the former head of the IRS office testified for in this case that the organization would have received tax exempt status even if they did disclose that they were going to send funds to widows and orphans. Miss Kelly needs to be reminded that the First Amendment protects writings that we despise, as well as those we celebrate which is why they were not being prosecuted for their thoughts and writings. Our judicial system expects that intelligent jurors will be able to separate the wheat from the chaff but also provides a remedy for those instances where, as in this case, the jurors do not act as reasonable people in their analysis of the evidence and testimony.

[miss kelly]

I understand it was a tax case. I understand that Al Capone was brought down for tax evasion, but the government wasn't trying to get his back taxes, they were trying to break up the Mafia. Which they eventually did. You might say that our government is trying to break up the Muslim mafia. This will take longer.

It was wrong and illegal when the IRA raised money in the US to blow up cars in England and kill people in Northern Ireland. It's wrong and illegal for Islamic jihadists to raise money here to murder school children in Beslan or school kids in Israel or shop keepers in Pakistan.

Why are you defending them? Would you defend the right of the Ku Klux Klan to raise money and murder people?

We got one guy in this case. We have to go back and get the others again.

[Darwin]

Miss Kelly needs a primer in Constitutional law. We dont get to go back and get the others again. That is called double jeopardy. That is one of the great principles of our jurisprudence - the government only gets one bite at the proverbial apple.

Why am I defending them? Does not Miss Kelly believe in the Constitution, or does she agree with earlier papists who declared democracy to be evil? There is no right of the Ku Klux Klan to murder people; there is a right to freedom of thought and belief - something that many religions deny and seek to oppress. Perhaps Miss Kelly ascribes to such a point of view. I, however, do not. Therefore, I will defend even the most vilified in our society to their right to their views because, to quote one of our founding fathers, they that will give up essential liberty for safety deserve neither liberty nor safety.

[Darwin]

Oh, and funny what a short memory we Americans have. The widows and orphans of the Mujahadeen that Care was purportedly supporting - well those same Mujahadeen were our allies when it we were opposing the Russians in Afghanistan. Funny how quickly we forget our friends.

[miss kelly]

"Purportedly supporting" the widows and orphans is about right. A laughable cover for Care International.
Yes, we were allies to the mujahideen against the Russian invasion. Different time frame, different situation to what Care International was funding.

Beslan, Darwin, Beslan. Defending freedom of thought is lovely, but allowing gangsters to thrive here and fund murderous activity across the globe isn't so grand. You seem willing to commit a sort of societal suicide. Most Americans are not.

[Darwin]

Beslan, I know it well. Ah Miss Kelly, where do you get your information from? Surely you did not sit through the trial and listen to the government's evidence, otherwise you would not be fabricating statements out of thin air. Tell me, did not your grandparents wish for an end to the British occupation of Ireland? Did they never utter a harsh word against the British? And did they never send any monies back to Ireland to support the Catholic widows and orphans? Of course, that would have been Charity, nay? Societal suicide? You make me laugh - you are such a silly little woman. No Miss Kelly; unlike you I celebrate the foundations of our society and the just principles that our country was founded upon. I am not afraid, like you, to allow thoughts I consider to be terrible. I do not run and hide from ideas that terrify me. I am not a timid little mouse. Keep a night light on, Miss Kelly, if you're so afraid of the Boogeyman.

[miss kelly]

Sending money to jihadists in Chechyna, which Care International did, means supporting the jihadists that murdered all those children in Beslan. That's what jihadists do, my dear.

Darwin, it just might be time for your own blog.

[Muhammad Ali]

I did MSc (Development study), L.L.B & D.I.T.I m serving in a development organization. I would like to serve for ur organization.

Best regards

Muhammad Ali Advocate
(Feedback awaiting)