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<h2><b>Stakes high in Holy Land
trial</b></h2><font size=1><b>
<a href="http://www.dallasnews.com/sharedcontent/dws/news/world/stories/DN-holyland_16met.ART.State.Edition2.435704a.html" eudora="autourl">
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#<br>
</b></font><font size=4>After 14-year inquiry, biggest terror-financing
case gets under way<br><br>
<br>
</font><h5><b>12:00 AM CDT on Monday, July 16,
2007</b></h5><font size=2><b>By JASON TRAHAN / The Dallas Morning News
<br>
<a href="mailto:jtrahan@dallasnews.com">jtrahan@dallasnews.com</a>
<br><br>
</b></font><font size=3>Three months after 9/11, President Bush shut down
Richardson's Holy Land Foundation, saying millions of dollars it sent to
the Middle East helped "indoctrinate children to grow up into
suicide bombers." <br><br>
<br>
Federal agents raided the Holy Land Foundation offices in Richardson and
those in three other cities on Dec. 4, 2001.<br><br>
Now the Justice Department must prove it. <br><br>
Today, jury selection begins in Dallas in the nation's biggest
terror-financing case yet: The federal government says that seven
foundation organizers illegally sent at least $12 million overseas to the
militant Palestinian group Hamas. <br><br>
<br>
'They haven't seized anything but American good will that's being sent to
areas where American charities are needed,' said John Janney (right),
Holy Land spokesman, after the group's assets were frozen on Dec. 4,
2001. He spoke at a news conference with Ghassan Elashi.<br><br>
The stakes are high for the Bush administration. The Department of
Justice has already failed to get convictions on charges of supporting
and financing terrorism in high-profile trials of men in Florida and
Illinois. <br><br>
Holy Land and the seven men are not accused of providing direct financing
for terrorist acts, but of sending money to an organization that
committed terrorist acts. Hamas, known for sponsoring suicide bombings
targeting Israelis, but also for aiding Palestinian families caught in
the bloody Arab-Israeli conflict, was declared a terrorist organization
by the U.S. in 1995. <br><br>
"Our defense is that our clients never gave any money to Hamas, and
that their charitable projects in Palestine were no different than many
other charitable organizations," said John Boyd, a Holy Land
Foundation attorney. "They did nothing to support terrorism."
<br><br>
Supporters of Holy Land, which was the largest Muslim charity in the
U.S., say anti-Muslim prejudice and pressure from the Israeli government
are behind the 14-year-old U.S. government effort to criminalize the
foundation's work. <br><br>
Dallas prosecutors, who declined to comment publicly about the trial,
already have a number of notches on their belts in dealing with some of
Holy Land's former associates. <br><br>
Juries have convicted the foundation's former board chairman, Ghassan
Elashi, and his brothers for doing business with Libya and Syria – deemed
state sponsors of terrorism – through a computer-services firm closely
tied to Holy Land. <br><br>
Mr. Elashi and two of his brothers were also convicted for financial
dealings with Mousa Abu Marzook, a longtime Hamas operative in the U.S.
who is now the deputy of Hamas' political bureau in Syria. He is married
to a cousin of the Elashis. <br><br>
In this trial, expected to last at least three months, the government's
evidence includes mountains of documents, including reams of
bank-transaction records and at least a decade of secret wiretap evidence
detailing conversations among Holy Land officials and alleged
conspirators. <br><br>
The jury may consider thousands of pages of Israeli government evidence
of the foundation's dealings in the Middle East, and the prosecution is
planning to call at least two Israeli secret agents to the stand.
<br><br>
Dennis Lormel, who created the FBI's Terrorist Financing Operations
Section and was its chief for years, said the case is historic. He said
the foundation's activities did not put Americans at direct risk, but the
case is of vital importance to national security. <br><br>
"In the global sense, it does affect us because of the deterrent
effect cracking down on this has had on terrorist organizations using
charities to carry out violent acts," he said. <br><br>
Defendants <br><br>
On trial Monday, besides Mr. Elashi, are: <br><br>
• Shukri Abu Baker, former Holy Land CEO. <br><br>
• Mohammad El-Mezain, the foundation's original chairman who became
director of endowments. <br><br>
• Mufid Abdulqader, a top fundraiser, a former city of Dallas project
coordinator who oversaw the Bishop Arts District renovaton and half
brother of Khalid Mishal, the Hamas political bureau chief. <br><br>
• Abdulrahman Odeh, Holy Land's New Jersey representative. <br><br>
Mr. Elashi is in prison on other charges, and the others remain free
prior to trial. <br><br>
Two other defendants, Haitham Maghawri, the foundation's former executive
director, and Akram Mishal, former project and grants director and cousin
of Khalid Mishal, left the U.S. and are considered fugitives. <br><br>
The U.S. government first began investigating Holy Land in 1993 – a year
after it relocated from California to Richardson. <br><br>
That was the year Israeli agents detained an Illinois man, Muhammad
Salah, on suspicion that he was a Hamas operative. He confessed, telling
agents that the Richardson charity was a key Hamas fundraiser, but then
recanted, claiming he was tortured. <br><br>
This year he was convicted of lying in a civil suit about his Hamas ties,
but his explanation of how Hamas raised funds in the U.S. was key to
federal investigators, who set to work gaining intelligence on Holy Land.
<br><br>
Prosecutors say some of Holy Land's fundraising gatherings featured
radical Islamic clerics. <br><br>
"At these events," the Dallas Holy Land indictment states,
participants "praised Hamas through speeches, songs and violent
dramatic skits depicting the killing of Jewish people." <br><br>
But the government says the foundation's tactics changed around 1993. In
February of that year, Islamic militants made their first attempt to
bring down the World Trade Center in New York. <br><br>
And Hamas became incensed when, in late summer, Arab and Jewish
representatives forged the historic Middle East agreement in Oslo,
Norway, opening up the possibility of a peace that would allow for
separate Jewish and Palestinian states. That set off what has become
hundreds of Hamas suicide bombings over the years, targeting Israelis.
<br><br>
In October 1993, intelligence agents listened in on a groundbreaking
meeting in Philadelphia between three Holy Land Foundation officials –
all three defendants in this latest Dallas case – and Hamas contacts. The
discussion centered on how to continue to raise money in America without
attracting attention. <br><br>
"The attendees acknowledged the need to avoid scrutiny by law
enforcement officials in the United States by masquerading their
operations under the cloak of charitable exercise," the indictment
states. <br><br>
In 1995, U.S. authorities detained Mr. Marzook in New York and found
documents on him related to another Richardson business, InfoCom, which
was run by Mr. Elashi and his brothers. <br><br>
Six years later and six days before 9/11, FBI agents raided InfoCom,
investigating ties to Mr. Marzook and evidence that the company supported
terrorism. <br><br>
After the Sept. 11 attacks, Holy Land officials publicly decried the
"heinous acts" and said they had limited ties to InfoCom and
none to terrorism. But the two offices were directly across from each
other and shared employees, some of whom were related. <br><br>
In December 2001, Mr. Bush shuttered the foundation, seizing millions in
assets in multiple states. On July 26, 2004, a Dallas federal grand jury
returned a 42-count indictment against the foundation and the seven
former officers, charging that the millions went to Middle Eastern
charity committees controlled by Hamas. <br><br>
Holy Land agrees the money went to the Palestinian charities, but not
Hamas and not for terrorism. Federal prosecutors are expected to argue
that the money ended up under the control of Hamas, which was then able
to free up other money for terrorist activities. <br><br>
To get a conviction, prosecutors must prove to jurors that the defendants
sent the money knowing that it would benefit Hamas. <br><br>
Behind bars <br><br>
Mr. Elashi, the 53-year-old former Holy Land Foundation board chairman,
is serving nearly seven years for convictions in 2004 and 2005 related to
InfoCom. Mr. Elashi also was InfoCom's vice president for international
marketing. <br><br>
In the first trial, a jury found that Mr. Elashi and his four brothers
conspired to ship computer equipment to Syria and Libya, which violated
U.S. export bans on commerce with state sponsors of terrorism. <br><br>
A year later, Mr. Elashi and two of his brothers were convicted of
conspiring with Mr. Marzook to launder at least a quarter-million dollars
through InfoCom. <br><br>
In addition to the federal government's assertion that Holy Land deals
with terrorists, two federal judges presiding over separate civil cases
have also found that the Holy Land Foundation has ties to Hamas.
<br><br>
In 2004, an Israeli-American couple successfully won a $156 million civil
judgment in Chicago against Mr. Salah, Holy Land and two other Muslim
organizations – including the Islamic Association for Palestine formerly
based in Richardson. A judge found them liable for the death of the
couple's 17-year-old son, David Boim, a seminary student, who was shot to
death by Hamas gunmen while waiting for a bus near Jerusalem. <br><br>
In a separate case, a Washington federal judge in 2002 struck down a
challenge by Holy Land attorneys to the U.S. government's seizing of the
foundation's assets. "There is evidence that HLF raised funds for
Hamas, that Hamas provided financial support to HLF, and that HLF paid
for Hamas leaders to travel to the United States on fund-raising
trips," U.S. District Judge Gladys Kessler wrote. <br><br>
Similar trials <br><br>
But a conviction in this latest case is far from guaranteed. <br><br>
In at least two other similar, high-profile federal trials in Illinois
and Florida of men with long ties to the Holy Land Foundation and some of
its associates, the government failed to convince jurors that terrorists
were getting direct support from U.S. contacts. <br><br>
In early February, a jury in Chicago acquitted Mr. Salah on charges that
he conspired to aid Hamas and funnel money from inside the U.S. to
militants abroad. <br><br>
Mr. Salah is the man who first tipped authorities to Holy Land's
connection to Hamas, then later denied he was a Hamas operative. Last
week, an Illinois federal judge sentenced him to 21 months in prison for
lying in the Boim wrongful-death case. <br><br>
In another case, a Florida jury in 2005 acquitted a former University of
South Florida computer engineering professor, Sami Al-Arian, of charges
that he helped coordinate and fund terrorist operations for Palestinian
Islamic Jihad against Israel. <br><br>
The professor was a vocal advocate of Palestine who also operated an
Islamic charity with ties to the information clearinghouse Islamic
Association for Palestine which shared associates with Holy Land.
<br><br>
After a five-month trial in Tampa, a jury acquitted Dr. Al-Arian on
charges of supporting terrorism and deadlocked after 13 days of grueling
deliberations on other charges. <br><br>
Dr. Al-Arian agreed to plead guilty to a watered-down charge of providing
support to Palestinian Islamic Jihad in exchange for being deported, but
he remains in U.S. custody on a contempt charge. <br><br>
Experts say Dallas prosecutors have a better chance of proving their
case. <br><br>
"The government may have more specific information that the
defendants specifically intended to aid the families of suicide
bombers," said Peter Margulies, a law professor at Roger Williams
University who studies terrorism prosecutions. <br><br>
"In addition, the complaint indicates that the conduct of the
defendants occurred after 1996. This also sets the case apart from Salah
and Al-Arian, which were arguably stale charges dating from the early-mid
'90s." <br><br>
Counting convictions isn't the point, said Mr. Lormel, the former FBI
terror-financing expert. <br><br>
"Critics can take their shots at the cases that have occurred, but
in the end, the chilling effect that these prosecutions have had on these
charities and the terrorists who want to use them is real," he said.
<br><br>
If prosecutors can convince jurors that death resulted from the
defendants' support of Hamas, they could be sentenced to up to life in
prison. <br><br>
<br><br>
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