Holy Land Foundation for Relief and Development
Encyclopedia
The Holy Land Foundation was the largest Islam
Islam
Islam . The most common are and .   : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

ic charity
Charitable organization
A charitable organization is a type of non-profit organization . It differs from other types of NPOs in that it centers on philanthropic goals A charitable organization is a type of non-profit organization (NPO). It differs from other types of NPOs in that it centers on philanthropic goals A...

 in the United States. Headquartered in Richardson, Texas
Richardson, Texas
Richardson is a city in Dallas and Collin Counties in the U.S. state of Texas. As of the 2010 census, the city had a total population of 99,223. In 2011 the population was estimated to be 107,684. Richardson is an affluent inner suburb of Dallas and home of the Telecom Corridor with a high...

, it was originally known as Occupied Land Fund.
In 2007, federal prosecutors brought charges against the organization for funding Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...

 and other "Islamic terrorist organizations".

Its assets were frozen by the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...


and U.S., and it was shut down by the U.S. government following the discovery that it was funding Hamas. The 2008 trial of the charity leaders was dubbed the "largest terrorism financing prosecution in American history." In 2009, the founders of the organization were given life sentences for "funneling $12 million to Hamas."

The organization's website stated: "Our mission is to find and implement practical solutions for human suffering through humanitarian programs that impact the lives of the disadvantaged, disinherited, and displaced peoples suffering from man-made and natural disasters." Their primary area of focus was with the Palestinian refugee
Palestinian refugee
Palestinian refugees or Palestine refugees are the people and their descendants, predominantly Palestinian Arabic-speakers, who fled or were expelled from their homes during and after the 1948 Palestine War, within that part of the British Mandate of Palestine, that after that war became the...

s in Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...

, Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...

, and the Palestinian territories
Palestinian territories
The Palestinian territories comprise the West Bank and the Gaza Strip. Since the Palestinian Declaration of Independence in 1988, the region is today recognized by three-quarters of the world's countries as the State of Palestine or simply Palestine, although this status is not recognized by the...

. They also provided support to victims after disasters and wars in Bosnia
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...

, Kosovo
Kosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...

, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

, and the United States (after Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...

 floods, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 tornadoes, and the Oklahoma City bombing
Oklahoma City bombing
The Oklahoma City bombing was a terrorist bomb attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. It was the most destructive act of terrorism on American soil until the September 11, 2001 attacks. The Oklahoma blast claimed 168 lives, including 19...

).

Terrorism charges

The Holy Land Foundation for Relief and Development was designated as a charity that provided millions of dollars of material and logistical support to Hamas by President Clinton
Clinton
Clinton is an English family name, indicating one's ancestors came from English places called Glympton or Glinton. Clinton has frequently been used as a given name in the United States since the late 19th century, probably originally in honor of DeWitt Clinton or one of his famous relatives...

 in 1995 (Executive Order 12947) and again on December 4, 2001 by President Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

's Executive Order 13224 (Bush). HLF, originally known as the Occupied Land Fund, was established in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 in 1989 as a tax-exempt charity. In 1992, HLF relocated to Richardson, Texas
Richardson, Texas
Richardson is a city in Dallas and Collin Counties in the U.S. state of Texas. As of the 2010 census, the city had a total population of 99,223. In 2011 the population was estimated to be 107,684. Richardson is an affluent inner suburb of Dallas and home of the Telecom Corridor with a high...

. It had offices in California, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

, and Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...

, and individual representatives scattered throughout the US, the West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...

, and Gaza
Gaza
Gaza , also referred to as Gaza City, is a Palestinian city in the Gaza Strip, with a population of about 450,000, making it the largest city in the Palestinian territories.Inhabited since at least the 15th century BC,...

. Among the founders of the Holy Land Foundation is Mousa Mohammed Abu Marzook, a political leader of Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...

, who provided substantial funds to the Holy Land Foundation in the early 1990s. In 1994, Marzook (who was named a Specially Designated Terrorist
Specially Designated Terrorist
A Specially Designated Terrorist is any person who is determined by the U.S. Secretary of the Treasury to be a specially designated terrorist under notices or regulations issued by the Office of Foreign Assets Control ....

 by the Treasury Department in 1995) designated HLF as the primary fund-raising entity for Hamas in the United States. He was deported from the US to Jordan in 1997. Marzook was indicted on August 20, 2004, by a US federal grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

 in Chicago, Illinois. He and two other individuals were charged with a 15-year conspiracy to raise funds for terrorist attacks against Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

.

In the year 2000 alone, HLF raised over $13 million. According to the United States Department of Treasury, HLF supported Hamas activities through direct fund transfers to its offices in the West Bank and Gaza that are affiliated with Hamas, and transfers of funds to Islamic charity committees ("zakat
Zakat
Zakāt , one of the Five Pillars of Islam, is the giving of a fixed portion of one's wealth to charity, generally to the poor and needy.-History:Zakat, a practice initiated by Muhammed himself, has played an important role throughout Islamic history...

 committees") and other charitable organizations that are part of Hamas or controlled by Hamas members. The Department of Treasury also reported that HLF funds were used by Hamas to support schools that served Hamas's ends by encouraging children to become suicide bombers and to recruit suicide bombers by offering support to their families. Edward Abington, former U.S. consul general in Jerusalem, acted as a defence witness and testified that during his daily CIA briefings he had never been informed that Hamas controlled the Palestinian charity groups mentioned.

In December 2001, the United States Department of the Treasury
United States Department of the Treasury
The Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue...

's Office of Foreign Asset Control designated Holy Land Foundation as a Specially Designated Global Terrorist
Specially Designated Global Terrorist
Specially Designated Global Terrorist is a designation authorized under U.S. Executive Order 13224 , among other executive orders, and Title 31, Parts 595, 596, and 597 of the U.S. Code of Federal Regulations, among other U.S. laws and regulations. SDGT designations are administered and enforced...

.
while the European Union froze its European Assets.

Chronology of events

In December 2001, the assets of the organization were frozen by the FBI and Treasury agents. Treasury officials conceded that a "substantial amount" of the money raised went to worthy causes, but insisted that Holy Land's primary purpose had been to subsidize Hamas. Repeated appeals to the courts by the Holy Land Foundation to have the freeze lifted failed.

On July 27, 2004, a federal grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

 in Dallas, Texas
Dallas, Texas
Dallas is the third-largest city in Texas and the ninth-largest in the United States. The Dallas-Fort Worth Metroplex is the largest metropolitan area in the South and fourth-largest metropolitan area in the United States...

, returned a 42-count indictment against the Holy Land Foundation.
Charges included: conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

, providing material support
Providing material support for terrorism
Providing material support for terrorism is a provision of the USA PATRIOT Act which prohibits material support to groups designated as terrorists. The four types of support described are “training,” “expert advice or assistance,” “service,” and “personnel.” In June 2010 the United States Supreme...

 to a foreign terrorist organization
U.S. State Department list of Foreign Terrorist Organizations
"Foreign Terrorist Organization" is a designation of non-United States-based organizations declared terrorist by the United States Secretary of State in accordance with section 219 of the U.S. Immigration and Nationality Act...

, tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...

, and money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...

. The indictment alleged that the Holy Land Foundation provided more than $12.4 million to individuals and organizations linked to Hamas from 1995 to 2001, when their asset were frozen. The indictment also named specific officers of the Holy Land Foundation: President Shukri Abu Baker; Chairman Ghassan Elashi
Ghassan Elashi
Ghassan Elashi was a founder of the charitable group Holy Land Foundation for Relief and Development and the Texas branch of the Council on American-Islamic Relations, and a vice president of the Richardson, Texas, internet company InfoCom Corporation...

; and Executive Director Haitham Maghawri, and four others: Mohammad el-Mezain, Akram Mishal, Mufid Abdulqader, and Abdulraham Odeh. Five of the seven were arrested. Maghawri and Mishal have not been found, and are considered fugitive
Fugitive
A fugitive is a person who is fleeing from custody, whether it be from private slavery, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals...

s.

In December 2004, a federal judge in Chicago ruled that the Holy Land Foundation (along with the Islamic Association of Palestine
Islamic Association of Palestine
Islamic Association of Palestine was an Islamist organization that raised money in the United States for Hamas. It described itself as "a not-for-profit, public-awareness, educational, political, social, and civic, national grassroots organization dedicated to advancing a just, comprehensive, and...

 and the Quranic Literacy Institute) was liable in a $156 million dollar lawsuit for aiding and abetting the militant group Hamas in the death of a 17-year-old American citizen named David Boim.

2007 trial

A Holy Land Foundation criminal trial began on July 23, 2007, at the Earl Cabell Federal Building in Dallas, Texas
Dallas, Texas
Dallas is the third-largest city in Texas and the ninth-largest in the United States. The Dallas-Fort Worth Metroplex is the largest metropolitan area in the South and fourth-largest metropolitan area in the United States...

. On October 22, 2007, Judge Joe Fish declared a mistrial because the jurors were deadlocked.

Testimony and evidence

It was claimed during the 2007 trial that the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...

 fabricated quotes and modified transcripts. Critics faulted much of the evidence given during the trial. The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...

journalist Leslie Eaton said Israeli agents using pseudonyms testified for the prosecution. The government did not allege that the foundation paid directly for suicide bombings, but instead that the foundation supported terrorism by sending more than $12 million to charitable groups, known as zakat
Zakat
Zakāt , one of the Five Pillars of Islam, is the giving of a fixed portion of one's wealth to charity, generally to the poor and needy.-History:Zakat, a practice initiated by Muhammed himself, has played an important role throughout Islamic history...

 committees, which build hospitals and feed the poor. The prosecution said the committees were controlled by Hamas, and contributed to terrorism by helping Hamas spread its ideology and recruit supporters. Some of these charitable committees were still receiving US funding through the USAID programme as late as 2006.

Mistrial

After 19 days of deliberations, the 2007 jury was unable to come to a definitive conclusion and the case ended in a mistrial. While 200 charges were filed against the defendants, the jurors had acquitted on some counts and were deadlocked on charges ranging from tax violations to providing material support for terrorists. One defendant was acquitted of most of the 32 charges against him. The New York Times reported: " The decision today is "a stunning setback for the government, there's no other way of looking at it," said Matthew D. Orwig, a partner at Sonnenschein Nath & Rosenthal
Sonnenschein Nath & Rosenthal
Sonnenschein Nath & Rosenthal LLP was an international law firm with nearly 800 lawyers and other professionals in the United States and Europe, serving the needs of many of the world’s best-known businesses, non-profits and individuals. The firm was founded in Chicago in 1906 and as of May 2010...

 who was, until recently, United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

 for the Eastern District of Texas. "This is a message, a two-by-four
Lumber
Lumber or timber is wood in any of its stages from felling through readiness for use as structural material for construction, or wood pulp for paper production....

 in the middle of the forehead," Orwig said. "If this doesn’t get their attention, they are just in complete denial," he said of Justice Department officials, whom he said may not have recognized how difficult such cases are to prosecute."

Experts found the jury's inability to come to a definitive conclusion to be evidence of weakness in the government's ability to provide clear enough evidence against the charity. The LA Times reported that Georgetown University
Georgetown University
Georgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...

 law professor David Cole said: "If the government can shut them down and then not convince a jury the group is guilty of any wrongdoing, then there is something wrong with the process". "The whole case was based on assumptions that were based on suspicions", said juror Scroggins, who added: "If they had been a Christian or Jewish group, I don't think [prosecutors] would have brought charges against them."

2008 retrial; convictions

The federal government began a retrial on August 18, 2008.

On November 24, 2008, the government obtained guilty verdicts against the Holy Land Foundation and five individual defendants in the retrial. Holy Land was found guilty of giving more than $12 million to support the Palestinian militant group Hamas, which the US designated as a terrorist organization in 1995, and made supporting the group illegal.

The jury found against the Holy Land Foundation on all 108 charges. The charges included conspiracy to provide material support to a foreign terrorist organization, providing material support to a foreign terrorist, and conspiracy to commit money laundering.

"Today's verdicts are important milestones in America's efforts against financiers of terrorism", Patrick Rowan, assistant attorney general for national security, said after the trial. "This prosecution demonstrates our resolve to ensure that humanitarian relief efforts are not used as a mechanism to disguise and enable support for terrorist groups."

The five convicted individuals were Ghassan Elashi
Ghassan Elashi
Ghassan Elashi was a founder of the charitable group Holy Land Foundation for Relief and Development and the Texas branch of the Council on American-Islamic Relations, and a vice president of the Richardson, Texas, internet company InfoCom Corporation...

, former CEO Shukri Abu-Baker, Mufid Abdulqader, Abdulrahman Odeh, and Mohammad El-Mezain.
  • Abu-Baker was sentenced to 65 years.
  • Elashi, also a member of the founding Board of Directors of the Texas branch of the Council on American-Islamic Relations
    Council on American-Islamic Relations
    The Council on American-Islamic Relations is America's largest Muslim civil liberties advocacy organization that deals with civil advocacy and promotes human rights...

     (CAIR), was sentenced to 65 years.
  • El-Mezain, former endowments director, received 15 years.


Because of the potential lengthy sentences for the criminal convictions, the individual defendants were remanded into custody without bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...

 pending any appeal.

A 2011 NPR
NPR
NPR, formerly National Public Radio, is a privately and publicly funded non-profit membership media organization that serves as a national syndicator to a network of 900 public radio stations in the United States. NPR was created in 1970, following congressional passage of the Public Broadcasting...

 report claimed some of the people associated with this group were imprisoned in a highly restrictive Communication Management Unit
Communication Management Unit
Communication Management Unit is a recent designation for a self-contained group within a facility in the United States Federal Bureau of Prisons that severely restricts, manages and monitors all outside communication of inmates in the unit.-Origins:As part of the Bush Administration's War on...

.

Related groups

Elashi, HLF chairman, was also vice president of InfoCom Corporation
InfoCom Corporation
InfoCom Corporation was a Web hosting service company founded by five brothers in 1992. It was initially based in Dallas, Texas, and before its dissolution it was based in Richardson, Texas....

 of Richardson, Texas, indicted along with Hamas' Marzook.
InfoCom, an Internet company, shared personnel, office space, and board members with the HLF. The two organizations were formed in California around the same time, and both received seed money
Seed money
Seed money, sometimes known as seed funding, friends and family funding or angel funding , is a securities offering whereby one or more parties that have some connection to a new enterprise invest the funds necessary to start the business so that it has enough funds to sustain itself for a period...

 from Hamas leader Marzook.
InfoCom also maintained the web sites for HLF and IAP.

See also

  • Council on American-Islamic Relations
    Council on American-Islamic Relations
    The Council on American-Islamic Relations is America's largest Muslim civil liberties advocacy organization that deals with civil advocacy and promotes human rights...

  • Hamas
    Hamas
    Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...

  • Sami Al-Arian
    Sami Al-Arian
    Dr. Sami Amin Al-Arian , is a former resident of Temple Terrace, Florida, now living in Northern Virginia, who is a Muslim activist, and former University of South Florida professor of computer engineering...



External links

  • Holy Land Foundation for Relief and Development (Archive)
  • The Holy Land Foundation for Relief and Development Anti-Defamation League
    Anti-Defamation League
    The Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...

  • Investigative report by Jordan C. Hirsch regarding the Holy Land Foundation trial The Current
    The Current (Columbia University journal)
    The Current is a magazine of contemporary politics, culture, and Jewish affairs at Columbia University . Launched in December 2005, The Current publishes essays on a broad range of subjects, with letters to the editor, an editorial, and book reviews appearing in each issue.The Current has...

    , a Columbia University
    Columbia University
    Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...

    journal
  • "Hungry for Justice" - A pro-HLF coalition
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