Criminal Prosecution ofCriminal Prosecution ofCriminal Prosecution ofCriminal Prosecution ofCriminal Prosecution of Criminal Prosecution of Terrorism CasesTerrorism Cases

Criminal Prosecution of Criminal Prosecution of Terrorism CasesTerrorism Cases

Barry Jonas Barry Jonas

Barry.Jonas@usdoj.govBarry.Jonas@usdoj.gov

U.S. Department of JusticeU.S. Department of Justicepp

Counterterrorism SectionCounterterrorism Section

Fo eign Te o ist O gani ationsFo eign Te o ist O gani ationsForeign Terrorist OrganizationsForeign Terrorist Organizations

A Foreign Terrorist Organization (FTO)A Foreign Terrorist Organization (FTO)--An OrganizationAn OrganizationAn Organization An Organization --That is ForeignThat is ForeignE i T i t A ti itE i T i t A ti it--Engages in Terrorist ActivityEngages in Terrorist Activity

--The Terrorist Activity Threatens the The Terrorist Activity Threatens the Security of U.S. Nationals or the National Security of U.S. Nationals or the National Security of the U.S.Security of the U.S.

8, U.S.C., 11898, U.S.C., 1189

Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 /Presidential Documents 5081ANNEXTERRORIST ORGANIZATIONS WHICH THREATEN TO DISRUPT THESpecially Designated Terrorists Specially Designated Terrorists

TERRORIST ORGANIZATIONS WHICH THREATEN TO DISRUPT THEMIDDLE EAST PEACEPROCESSAbu Nidal Organization (ANO)

p y gp y g(SDT)(SDT)

(or Specially Designated Global(or Specially Designated GlobalAbu Nidal Organization (ANO)Democratic Front for the Liberation of Palestine (DFLP)HizballahIslamic Gama’at (IG)

(or Specially Designated Global (or Specially Designated Global Terrorists)Terrorists)

Islamic Resistance Movement (HAMAS)JihadKachKahane ChaiExecutive Order Executive Order Kahane ChaiPalestinian Islamic Jihad-Shiqaqi faction (PIJ)Palestine Liberation Front-Abu Abbas faction (PLF-AbuAbbas)

ecut e O deecut e O de12947 was original 12947 was original orderorderAbbas)

Popular Front for the Liberation of Palestine (PFLP)Popular Front for the Liberation of Palestine-GeneralCommand (PFLP–GC)[FR Doc. 95–2040Filed 1–24–95; 10:10 am]Billing code 4810–31–P

CRIMINAL V. INTELCRIMINAL V. INTELINVESTIGATIONINVESTIGATIONINVESTIGATIONINVESTIGATION

SUBPOENAS/NSL’sSUBPOENAS/NSL’s SUBPOENAS/NSL sSUBPOENAS/NSL s SEARCH WARRANTSSEARCH WARRANTS

TITLE III/FISATITLE III/FISA TITLE III/FISATITLE III/FISA FOREIGN GOVERNMENT REQUESTSFOREIGN GOVERNMENT REQUESTSWITNESSES/SOURCESWITNESSES/SOURCES

Overseas EvidenceOverseas EvidenceOverseas EvidenceOverseas Evidence

•• MLATs, MLATs, MLATs, MLATs, •• Letters Rogatory, Letters Rogatory, •• Patriot Act Subpoenas Patriot Act Subpoenas •• Patriot Act Subpoenas, Patriot Act Subpoenas, •• Bank of Nova Scotia Subpoenas, Bank of Nova Scotia Subpoenas, •• Law Enforcement RequestsLaw Enforcement Requests•• Law Enforcement RequestsLaw Enforcement Requests

WAYS TO IDENTIFYWAYS TO IDENTIFY WITNESSESWITNESSESWAYS TO IDENTIFY WAYS TO IDENTIFY -- WITNESSESWITNESSES

TRIALTRIALTRIALTRIAL

USE OF CLASSIFIED INFORMATIONUSE OF CLASSIFIED INFORMATIONUSE OF CLASSIFIED INFORMATIONUSE OF CLASSIFIED INFORMATION ITEMS MUST BE DECLASSIFIEDITEMS MUST BE DECLASSIFIED

USE OF FOREIGN GOVERNMENTUSE OF FOREIGN GOVERNMENTUSE OF FOREIGN GOVERNMENT USE OF FOREIGN GOVERNMENT INFORMATIONINFORMATION

MAY NEED WITNESSES TOMAY NEED WITNESSES TO MAY NEED WITNESSES TO MAY NEED WITNESSES TO AUTHENTICATEAUTHENTICATE

UNITED STATES V. UNITED STATES V. THE HOLY LAND THE HOLY LAND

FOUNDATIONFOUNDATIONFOUNDATIONFOUNDATION

A JACKS/JONAS/SHAPIROA JACKS/JONAS/SHAPIROBURNS/MIRANDA/WARD/LEWISBURNS/MIRANDA/WARD/LEWIS

PRODUCTIONPRODUCTION

Holy Land Foundation for Relief & D l (“HLF”)Development (“HLF”)

• Founded in 1988 • Largest Muslim Charity in

United StatesUnited States• Closed in December 2001 when

declared to be Specially D i t d T i tDesignated Terrorist organization

• Indicted in July 2004 for yproviding material support to HAMAS

HLF THE CRIMINAL CASE BEGINS CRIMINAL CASE BEGINS RIGHT AFTER

DESIGNATION CRIMINAL CASE ENCOMPASSES

SEVERAL CASES STARTED SMALL AND WORKED OUR

WAY UPWAY UP

INFOCOM• INTERNET SERVICE PROVIDER AND

EXPORTER OF COMPUTERS

• SISTER COMPANY TO HLFSISTER COMPANY TO HLF

OWNED AND OPERATED BY ELASHI• OWNED AND OPERATED BY ELASHI BROTHERS INCLUDING GHASSAN ELASHI A FOUNDER OF HLFELASHI, A FOUNDER OF HLF

SAMMY ELASHISAMMY ELASHI

• RELATED TO INDIVIDUALS WHO RANRELATED TO INDIVIDUALS WHO RAN HLF

• COMMITTED ORDINARY WHITE• COMMITTED ORDINARY WHITE COLLAR OFFENSESPROSECUTED FIRST TO TRY TO GET• PROSECUTED FIRST TO TRY TO GET TO COOPERATE

• PLED GUILTY – RECEIVED 4 YEAR SENTENCE

INFOCOM 1 - EXPORTING COMPUTERS TO STATE SPONSORS OF TERRORISM

- SHIPPED COMPUTERS TO COUNTRIESSHIPPED COMPUTERS TO COUNTRIES DESIGNATED AS STATE SPONSORS OF TERRORISM – SYRIA & LIBYAOF TERRORISM SYRIA & LIBYA

-DESIGNATIONS U.S. LAW AND U.N. SANCTIONSSANCTIONS

-DEFENDANTS SHIPPED COMPUTERS TO LIBYA THROUGH MALTATO LIBYA THROUGH MALTA

Investigative Team - NTJTTF

INFOCOM 2 – DEALING IN THE PROPERTY OF A SDTPROPERTY OF A SDT –

• MOUSA ABU MARZOOK-DEPUTY POLITICAL CHIEFDEPUTY POLITICAL CHIEF OF HAMAS

• RELATED TO ELASHI BROTHERS

• PROVIDED SEED MONEY FOR INFOCOM AND HLFFOR INFOCOM AND HLF

• DESIGNATED AS A SDT IN 1995INFOCOM SENT MONTHLY• INFOCOM SENT MONTHLY PAYMENTS TO HIM, ADDRESSED TO WIFE

INFOCOM 2 – DEALING IN THE PROPERTY OF A SDTPROPERTY OF A SDT –

HLF - AllegationsHLF Allegations• HLF provided funding to p g

Social Wing of Hamas through payments to Zakat Committees.

• Money was used to support families of suicide bombers prisoners andbombers, prisoners and others who were involved in terrorist activities

• Money also used to• Money also used to indoctrinate children into Hamas way of life

HAMAS STRUCTURE

Political

Military / Military / Izz alIzz al--Din al Din al

QassamQassamQassam Qassam BrigadesBrigades

Social / “Dawa”

The “Life Cycle” of a Hamas Activist The “Life Cycle” of a Hamas Activist in Light of the Dawa The “Life Cycle” of a Typical Hamas Activist

Hamas Funds

Kindergartens Summer Camps

Monthly payments to the families of

activists who were Camps

Health Care

activists who were killed

Reimbursing prisoners and The Dawa

f Assisting theNeedy

ptheir families Infrastructure

MosquesRecruitment to Military Wing MosquesqMilitary Wing Mosques

UniversitiesA pool for recruiting military activists

INDICTMENT CHARGES

Charges:• Conspiracy to Provide Material Support to a Foreign

Terrorist Organization (FTO)• Providing Material Support to a Foreign TerroristProviding Material Support to a Foreign Terrorist

Organization (FTO)• Conspiracy to Provide Funds, Goods and Services to a

Specially Designated Terrorist (SDT)Specially Designated Terrorist (SDT)• Providing Funds, Goods and Services to a Specially

Designated Terrorist (SDT)• Conspiracy to Commit Money Laundering• Money Laundering

INDICTMENT CHARGES (cont’d)INDICTMENT CHARGES (cont’d)

IRS Charges:IRS Charges:• Filing a False Return of an Organization Exempt from Income Tax• Conspiracy to Impede and Impair the Internal Revenue Service and to

File False Return of an Organization Exempt from Income Tax

Forfeiture:Forfeiture:•• As a result of committing one or more of the money laundering orAs a result of committing one or more of the money laundering or•• As a result of committing one or more of the money laundering or As a result of committing one or more of the money laundering or

monetary transaction offenses in violation of T18, USC, Section 1956, monetary transaction offenses in violation of T18, USC, Section 1956, the defendants forfeit all property, real and personal, involved in the the defendants forfeit all property, real and personal, involved in the money laundering or monetary transaction offenses equal to the summoney laundering or monetary transaction offenses equal to the summoney laundering or monetary transaction offenses equal to the sum money laundering or monetary transaction offenses equal to the sum $12,400,000 in United States currency.$12,400,000 in United States currency.

Government WitnessesGovernment Witnesses

• Matt Levitt • Matt LevittMatt Levitt• Marciel Peredo• Paul Matulic

Matt Levitt• Steve McGonigle• Dawn GoldbergPaul Matulic

• Steve Simon• Alex Shafik

• Bob McBrien• Mohammad Shorbagi

M j Li• Lara Burns• Rob Miranda

• Major Lior• Jackie Northrup• Lara Burns

• Joe Hummel• Bruce Hoffman

Lara Burns• Avi

PART ONEPART ONEPAINTING THE PICTURE –

SHOWING THE DEFENDANTS’ AFFILIATION WITH HAMASAFFILIATION WITH HAMAS

DocumentsAshqar Search 1

Elbarasse Search-32, Clip F

Mushtaha Search 1Mushtaha Search 1

Phillylly Meetingg

Philly Meeting

Shukri Abu Baker: I swear by your God that war is deception. War is deception. We are fighting our enemy with a kind heart and wefighting our enemy with a kind heart and we never thought of deceiving it. War is deception. Deceive, camouflage, pretend that you’re leaving while you’re walking that way. Or do we ha e to be UI Decei e o r enemhave to be… UI. Deceive your enemy.

Omar Ahmad: …UI. This is like one who plays basketball; he makes a player believe that he is doing this while he does something else UI Idoing this while he does something else…UI. I agree with you. Like they say; politics is a completion of war.

Shukri Abu Baker : Yes politics like war isShukri Abu Baker : Yes, politics – like war – is a deception

L.L.P.O.F.

Baker Wiretap 2(G l & Sh k i)(Gayle & Shukri)

GA: You know, that so you’re saying that even if, even if, ah, ah, h H l L d F d iah, a Holy Land Foundation

leaders ah, appeared at conferences, you know, with people who are supporting Hamas

d h kand who were very, you know, much in favor of, of armed jihad and things like that. That just because y’all sponsored the

f d th kconference and the speakers spoke there that doesn’t mean that you were sending the money? Is that what you are saying?

SB: Well, we, we didn’t sponsor any speakers from Hamas to start with.

Phone CallsPhone CallsPhone Calls

PART TWO- SHOWING FINANCIAL SUPPORT FOR HAMAS

• PART TWO- SIDE 1- EVIDENCEPART TWO SIDE 1 EVIDENCE OBTAINED IN U.S.

Bank Records – Bank of Nova Scotia Subpoenas

• Foreign Bank has U S BranchForeign Bank has U.S. Branch• Grand Jury Subpoena Served on U.S.

BranchBranch• Bank required to get records from

overseas• Only used if MLAT or Letter Rogatory

would not be successful • If banks refuse to comply, need to go to p y, g

Court to compel.

Bank Records - Patriot Act Subpoenas

• Foreign Bank Does Not have a U.S. gBranch but has Correspondent Account

• Administrative Summons Served on U.S. R t ti f F i B kRepresentative of Foreign Bank

• Bank required to get records from overseasoverseas

• Only used if MLAT or Letter Rogatory would not be successfulwould not be successful

• If Bank does not comply, Attorney General or Sec. of Treasury can order the ycorrespondent account closed

EXCERPT

Gaza

T

OF

Nablus

SHA JeninABIB

Jenin

Tolkarem and Qalqilya

Don’t Take our word for it, Take Theirs

Many of the individuals identified by expert witnesses and FBI agents as HAMAS members, have also been identified by senior HAMAS leaders and by the HAMAS members in the United States. Look at what they had to say:States.  Look at what they had to say:

1. Khalid Mishal’s 2003 interview 2 The Palestine Committee2. The Palestine Committee3. The deportees to Maj Al Zahour4. Ismail Haniya interview5. Azzam Tamimi6. Odeh’s Book published by UASR7. El Mezain’s Faxes from IAP7. El Mezain s Faxes from IAP8. Middle East Affairs Journal, published by UASR

Mishal: ...the American ears are listening now, but look for those whom you trust and they will get the money to Hamas, God willing. So, Hamas supporters and its assistants are all over the world, thank God Our souls will not be incapable andGod. Our souls will not be incapable and the money is ours, God willing.

Elbarasse Search 33

HAMAS DeporteesHLF Search 70 – Clip C

HLF Search 70 – Clip B

Ghazi on his trip to the United States and Canada as well as the MAYA convention which heGhazi on his trip to the United States and Canada as well as the MAYA convention which he attended:

Ghazi: The speech of Doctor Mahmoud Zahar was presented, uh, as well, and after that, the brothers...er, in the Holy Land Foundation, the brother Sheikh Mohamed Elmezain, who sends his greetings to you...All M G d t hiAll: May God greet him. UM: Abou IbrahimGhazi: ... Abou Ibrahim, may God reward him well, and brother Shukri Abou Baker...er, asked me to make a tour to a number of states. I started it in Dallas, and after that in...er,New Orleans in Louisiana, and after that in Milwaukee, and we went from Milwaukee to Madison, , , ,and after that to Indiana, and from Indiana to Washington, and from Washington to...er,New Jersey in...UM: Washington the state.Ghazi: Washington the ci.., the capital.

PART TWO - SIDE 2PART TWO SIDE 2

• EVIDENCE OBTAINED FROMEVIDENCE OBTAINED FROM GOVERNMENT OF ISRAEL

The Hebron Document

Islamic Society of GazaIslamic Society of Gaza

Who is Financing Hamas?

DefensesDefenses• Charity – photos of wide-eyed children• Oklahoma City and Red Cross• Time frame – don’t consider historical evidence• Brutal Israeli Occupation• USAID/State support for zakat committees• Jamil Hamami USIS visit to U.S.• Committees were licensed• Committees not on OFAC SDN list• No one would guide us in our desire to follow

lawlaw

HLF/Ramallah Zakat Aid to Martyrs F iliFamilies

Mosleh: ...the U.S...., it is the child Mahmoud Abdel Rauf H d

Mosleh: Let your voice be heard, say yes or no. The Jews killed hi ? H h? Of lHammad.

UM: Hamed, Hamed.Mosleh: Yes. It is the child Mahmoud Abdel Rahim Hamed from Silwad, er....what is your

b l d?

him? Huh? Of course you love your father, isn't that so? And, of course, one of those days you are going to grow up and you will keep remembering who killed hi i 't th t ? A d h thname, my beloved?

Mosleh: Do you, er..., remember your father? Huh?UM2: Do you know your father?

him, isn't that so? And why they killed him, right? Isn't that so?

Mosleh: And Mahmoud is the oldest child of the martyr Abdel R f H d h kill d t

Mosleh: Wasn't he martyred? The Jews killed him? Huh? UM: Yes.

Rauf Hamed who was killed at the hands of occupying soldiers while er.., he was performing his duty on the land of steadfastness, Palestine…

[Caption on the poster]Zakat and Alms CommitteeOrphan Sponsorship ProgramHoly Land Foundation for Relief & DevelopmentDevelopment[End of caption]

Sentencing

• Shukri Abu Baker 65 years

Sentencing

• Shukri Abu Baker 65 years• Ghassan Elashi 65 years• Mohammad El-Mezain 15 years• Mufid Abdulqader 20 yearsq y• Abdulrahman Odeh 15 years

APPLAUSE!!!