Criminal Prosecution of Criminal Prosecution of Criminal - - PowerPoint PPT Presentation

Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Terrorism Cases Terrorism Cases Criminal Prosecution of Criminal Prosecution of Terrorism Cases Terrorism Cases

Barry Jonas Barry Jonas Barry.Jonas@usdoj.gov Barry.Jonas@usdoj.gov U.S. Department of Justice U.S. Department of Justice p Counterterrorism Section Counterterrorism Section

Fo eign Te o ist O gani ations Fo eign Te o ist O gani ations Foreign Terrorist Organizations Foreign Terrorist Organizations

 A Foreign Terrorist Organization (FTO)

A Foreign Terrorist Organization (FTO)

• An Organization

An Organization An Organization An Organization

• That is Foreign

That is Foreign E i T i t A ti it E i T i t A ti it

• Engages in Terrorist Activity

Engages 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., 1189 8, U.S.C., 1189

Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Presidential Documents 5081 ANNEX TERRORIST ORGANIZATIONS WHICH THREATEN TO DISRUPT THE

Specially Designated Terrorists Specially Designated Terrorists

TERRORIST ORGANIZATIONS WHICH THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS Abu Nidal Organization (ANO)

p y g p y g (SDT) (SDT) (or Specially Designated Global (or Specially Designated Global

Abu Nidal Organization (ANO) Democratic Front for the Liberation of Palestine (DFLP) Hizballah Islamic Gama’at (IG)

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

Islamic Resistance Movement (HAMAS) Jihad Kach Kahane Chai

Executive Order Executive Order

Kahane Chai Palestinian Islamic Jihad-Shiqaqi faction (PIJ) Palestine Liberation Front-Abu Abbas faction (PLF-Abu Abbas)

ecut e O de ecut e O de 12947 was original 12947 was original

• rder
• rder

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

CRIMINAL V. INTEL CRIMINAL V. INTEL INVESTIGATION INVESTIGATION INVESTIGATION INVESTIGATION

• SUBPOENAS/NSL’s

SUBPOENAS/NSL’s

• SUBPOENAS/NSL s

SUBPOENAS/NSL s

• SEARCH WARRANTS

SEARCH WARRANTS TITLE III/FISA TITLE III/FISA

• TITLE III/FISA

TITLE III/FISA

• FOREIGN GOVERNMENT REQUESTS

FOREIGN GOVERNMENT REQUESTS

• WITNESSES/SOURCES

WITNESSES/SOURCES

Overseas Evidence Overseas Evidence Overseas Evidence Overseas 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 Requests

Law Enforcement Requests

• Law Enforcement Requests

Law Enforcement Requests

WAYS TO IDENTIFY WAYS TO IDENTIFY WITNESSES WITNESSES WAYS TO IDENTIFY WAYS TO IDENTIFY -

• WITNESSES

WITNESSES

TRIAL TRIAL TRIAL TRIAL

• USE OF CLASSIFIED INFORMATION

USE OF CLASSIFIED INFORMATION

• USE OF CLASSIFIED INFORMATION

USE OF CLASSIFIED INFORMATION

 ITEMS MUST BE DECLASSIFIED

ITEMS MUST BE DECLASSIFIED

• USE OF FOREIGN GOVERNMENT

USE OF FOREIGN GOVERNMENT

• USE OF FOREIGN GOVERNMENT

USE OF FOREIGN GOVERNMENT INFORMATION INFORMATION

MAY NEED WITNESSES TO MAY NEED WITNESSES TO

 MAY NEED WITNESSES TO

MAY NEED WITNESSES TO AUTHENTICATE AUTHENTICATE

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

A JACKS/JONAS/SHAPIRO A JACKS/JONAS/SHAPIRO BURNS/MIRANDA/WARD/LEWIS BURNS/MIRANDA/WARD/LEWIS PRODUCTION PRODUCTION

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

• Founded in 1988
• Largest Muslim Charity in

United States United States

• Closed in December 2001 when

declared to be Specially D i t d T i t Designated Terrorist

• rganization
• Indicted in July 2004 for

y providing 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 UP WAY UP

INFOCOM

• INTERNET SERVICE PROVIDER AND

EXPORTER OF COMPUTERS

• SISTER COMPANY TO HLF

SISTER COMPANY TO HLF OWNED AND OPERATED BY ELASHI

• OWNED AND OPERATED BY ELASHI

BROTHERS INCLUDING GHASSAN ELASHI A FOUNDER OF HLF ELASHI, A FOUNDER OF HLF

SAMMY ELASHI SAMMY ELASHI

• RELATED TO INDIVIDUALS WHO RAN

RELATED TO INDIVIDUALS WHO RAN HLF

• COMMITTED ORDINARY WHITE
• COMMITTED ORDINARY WHITE

COLLAR OFFENSES PROSECUTED 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 COUNTRIES

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

• DESIGNATIONS U.S. LAW AND U.N.

SANCTIONS SANCTIONS

• DEFENDANTS SHIPPED COMPUTERS

TO LIBYA THROUGH MALTA TO LIBYA THROUGH MALTA

Investigative Team - NTJTTF

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

• MOUSA ABU MARZOOK-

DEPUTY POLITICAL CHIEF DEPUTY POLITICAL CHIEF OF HAMAS

• RELATED TO ELASHI

BROTHERS

• PROVIDED SEED MONEY

FOR INFOCOM AND HLF FOR INFOCOM AND HLF

• DESIGNATED AS A SDT IN

1995 INFOCOM SENT MONTHLY

• INFOCOM SENT MONTHLY

PAYMENTS TO HIM, ADDRESSED TO WIFE

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

HLF - Allegations HLF 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 and bombers, prisoners and

• thers 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 al Izz al-

• Din al

Din al Qassam Qassam Qassam Qassam Brigades Brigades

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 the Needy p their families

Infrastructure

Mosques

Recruitment to Military Wing

Mosques

q

Military Wing

Mosques Universities

A 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 Terrorist

Providing 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 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

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 sum money laundering or monetary transaction offenses equal to the sum money 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 Witnesses Government Witnesses

• Matt Levitt
• Matt Levitt

Matt Levitt

• Marciel Peredo
• Paul Matulic

Matt Levitt

• Steve McGonigle
• Dawn Goldberg

Paul 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 ONE PART ONE

PAINTING THE PICTURE – SHOWING THE DEFENDANTS’ AFFILIATION WITH HAMAS AFFILIATION WITH HAMAS

Documents

Ashqar Search 1

Elbarasse Search-32, Clip F

Mushtaha Search 1 Mushtaha Search 1

P hi lly lly M e et in g

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 we fighting 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 enem have 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 I doing 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 is Shukri 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 i ah, a Holy Land Foundation leaders ah, appeared at conferences, you know, with people who are supporting Hamas d h k and 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 k conference 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 Calls

Phone Calls

Phone Calls

PART TWO- SHOWING FINANCIAL SUPPORT FOR HAMAS

• PART TWO- SIDE 1- EVIDENCE

PART TWO SIDE 1 EVIDENCE OBTAINED IN U.S.

Bank Records – Bank of Nova Scotia Subpoenas

• Foreign Bank has U S Branch

Foreign Bank has U.S. Branch

• Grand Jury Subpoena Served on U.S.

Branch Branch

• Bank required to get records from
• verseas
• 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.

g Branch but has Correspondent Account

• Administrative Summons Served on U.S.

R t ti f F i B k Representative of Foreign Bank

• Bank required to get records from
• verseas
• verseas
• Only used if MLAT or Letter Rogatory

would not be successful would not be successful

• If Bank does not comply, Attorney General
• r Sec. of Treasury can order the

y correspondent account closed

E X C E R P T Gaza T O F Nablus S H A Jenin A B I B 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 Committee

• 2. The Palestine Committee
• 3. The deportees to Maj Al Zahour
• 4. Ismail Haniya interview
• 5. Azzam Tamimi
• 6. Odeh’s Book published by UASR
• 7. El Mezain’s Faxes from IAP
• 7. El Mezain s Faxes from IAP
• 8. 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 and

• God. Our souls will not be incapable and

the money is ours, God willing.

Elbarasse Search 33

HAMAS Deportees

HLF 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 he Ghazi 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 hi All: May God greet him. UM: Abou Ibrahim Ghazi: ... 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 2 PART TWO SIDE 2

• EVIDENCE OBTAINED FROM

EVIDENCE OBTAINED FROM GOVERNMENT OF ISRAEL

The Hebron Document

Islamic Society of Gaza Islamic Society of Gaza

Who is Financing Hamas?

Defenses Defenses

• 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

law law

HLF/Ramallah Zakat Aid to Martyrs F ili Families

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 l Hammad. 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 th name, 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

• ldest 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 Committee Orphan Sponsorship Program Holy Land Foundation for Relief & Development Development [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 years

q y

• Abdulrahman Odeh 15 years

APPLAUSE!!!