A Muslim charity shut down by the U.S. government was charged along with seven of its officers today with supporting terrorists by funneling millions of dollars to Hamas, a terrorist group responsible for suicide bombings in Israel.
The Holy Land Foundation for Relief and Development, its president, chairman and five other men were named in the 42-count indictment returned by a federal grand jury in Dallas.
The indictment alleges Holy Land, which claims to be the largest U.S. Muslim charity, provided more than $12.4 million to individuals and organizations linked to Hamas from 1995 to 2001.
The group raised more than $57 million between 1992 and 2001 but reported $36.2 million on tax forms. Holy Land said the money was legitimate aid to orphans and others in need in Muslim countries, but authorities said the group provided only "minimal support" to legitimate charities as a cover.
In the aftermath of Sept. 11, Holy Land, based in suburban Dallas, was shut down in December 2001 and about $4 million of its assets were frozen by the federal government.
"To those who exploit good hearts to secretly fund violence and murder, this prosecution sends a clear message: There is no distinction between those who carry out terrorist attacks and those who knowingly finance terrorist attacks," Attorney General John Ashcroft said at a Washington news conference to announce charges.
Noting that a number of Americans have been Hamas victims, Ashcroft said, "Today, a U.S.-based charity that claims to do good works is charged with funding the works of evil."
The indictment names the foundation along with its president, Shukri Abu Baker; chairman Ghassan Elashi; executive director Haitham Maghawri; Holy Land's original chairman, Mohammad El-Mezain; grants director Akram Mishal; top fundraiser Mufid Abdulqader; and Abdulrahman Odeh, the group's New Jersey director. The charges include conspiracy, tax evasion, money laundering and providing help to a terrorist organization.
Five of the seven were arrested while two, Maghawri and Mishal, are not in the United States and are considered fugitives, Ashcroft said. The five men were expected to appear in federal court in Dallas later Tuesday.
John Boyd, a lawyer for the Holy Land Foundation, said he had not seen the indictment and could not comment in detail. However, he questioned the use of old transactions in the indictment.
"If these are related to transactions in '88 and '89, that is six years before Hamas committed its first terrorist acts and seven years before Hamas was declared a terrorist organization," Boyd said.
The indictment alleges that Holy Land aided 400 Islamic terrorists who had been deported by Israel from southern Lebanon in 1992, paid for Hamas officials and radical sheiks to visit the United States on fund-raising trips, and steered aid to families of suicide bombers.
Among the examples federal authorities gave were a money transfer in 1988 by Holy Land to a Hamas official, and between April and October 1989, a transfer of about $725,000 from Holy Land to an account held by the Islamic Center of Gaza, which authorities said was created by Hamas founder Sheik Ahmed Yassin.
"In this manner, the defendants effectively rewarded past, and encouraged future suicide bombings and terrorist activities on behalf of Hamas," Ashcroft said.
The indictments were unsealed one day after Holy Land filed a complaint with the inspector general of the Justice Department, accusing the FBI of fabricating the evidence used to shut down Holy Land and seize its assets.
Federal courts have repeatedly rejected Holy Land's appeals to get its assets unfrozen, concluding that the government has sufficient evidence linking the charity to terrorism.
Holy Land had close ties to InfoCom Corp., a computer and Internet-hosting company in suburban Dallas that was raided a few days before the Sept. 11 attacks.
InfoCom and five of its employees, including Elashi, were convicted this month on charges of making illegal computer shipments to Libya and Syria, which were designated as state sponsors of terrorism. They are scheduled to be sentenced in October. They also face trial later this year on separate charges of funneling money to a relative who is a high-ranking Hamas official.