Selected Government Exhibits & Documents from the Retrial: U.S. v. Holy Land Foundation
| Between July and September 2007, prosecutors in the case against the Holy Land Foundation (HLF) and its top officials released scores of exhibits that provide unprecedented insight into the dizzying web of connections tying together a handful of alleged Hamas front groups that operated on American soil throughout the 1990s and beyond, serving as a central node in the Muslim Brotherhood's U.S. network. NEFA Senior Analyst Josh Lefkowitz reviewed this treasure trove of documents and highlighted select exhibits. That library of exhibits from the first HLF trial is available here. On October 22, 2007, after 19 days of deliberation, a jury failed to convict the defendants of a single charge against them. However that decision was quickly thrown into limbo when three jurors indicated during polling that they disagreed with the verdict that had just been rendered. U.S. District Judge Joe A. Fish told jurors, "Your verdict must be unanimous and it's apparent to me from the answers of three members of the jury in respect to my question that the verdicts that I read earlier do not represent the unanimous view of the jury." The jury was ordered to continue deliberations. Following an additional 45 minutes of deliberation, the jurors informed Judge Fish that they could not reach a unanimous decision, and he declared a mistrial. In a verdict that was not voided, Mohamed El-Mezain was acquitted on all counts except one, as jurors failed to reach a decision on whether El-Mezain conspired to provide material support to a designated Foreign Terrorist Organization. On November 24, 2008, after seven days of deliberation and six weeks of testimony, a jury convicted HLF and five of its leaders on charges of providing material support to Hamas. As DOJ stated, "The government presented evidence at trial that, as the U.S. began to scrutinize individuals and entities in the U.S. who were raising funds for terrorist groups in the mid-1990s, the HLF intentionally hid its financial support for Hamas behind the guise of charitable donations. HLF and these five defendants provided approximately $12.4 million in support to Hamas and its goal of creating an Islamic Palestinian state by eliminating the State of Israel through violent jihad." Commenting on the verdicts, Patrick Rowan, Assistant Attorney General for National Security, noted, "Today's verdicts are important milestones in America's efforts against financiers of terrorism. For many years, the Holy Land Foundation used the guise of charity to raise and funnel millions of dollars to the infrastructure of the Hamas terror organization. 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,” |
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| Indictment, Superseding Indictment, and Department of Justice Press Release The Department of Justice press release summarizing the initial indictment, which was filed on July 27, 2004, offers the following overview: "The indictment...alleges the Holy Land Foundation for Relief and Development ('HLF'), of Dallas, Texas, was an organization created by, among others, defendants Shukri Abu-Baker, Mohammed El-Mezain, and Ghassan Elashi to provide financial and material support to the HAMAS movement. It is also alleged that, since 1995, HLF and its members have illegally sent $12.4 million to support HAMAS and its goal of creating an Islamic Palestinian state by eliminating the State of Israel through violent jihad. In addition to the charges of providing material support to a foreign terrorist organization, the 42-count indictment also charges the defendants with engaging in prohibited financial transactions with a Specially Designated Global Terrorist, money laundering, conspiracy and filing false tax returns." |
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| Department of Justice Press Release on Convictions On November 24, 2008, after seven days of deliberation and six weeks of testimony, a jury convicted HLF and five of its leaders on charges of providing material support to Hamas. As DOJ stated, "The government presented evidence at trial that, as the U.S. began to scrutinize individuals and entities in the U.S. who were raising funds for terrorist groups in the mid-1990s, the HLF intentionally hid its financial support for Hamas behind the guise of charitable donations. HLF and these five defendants provided approximately $12.4 million in support to Hamas and its goal of creating an Islamic Palestinian state by eliminating the State of Israel through violent jihad." Commenting on the verdicts, Patrick Rowan, Assistant Attorney General for National Security, noted, "Today's verdicts are important milestones in America's efforts against financiers of terrorism. For many years, the Holy Land Foundation used the guise of charity to raise and funnel millions of dollars to the infrastructure of the Hamas terror organization. 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,” |
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| U.S. Government List of Unindicted Co-Conspirators The document names an array of individuals, including those who raised money on behalf of HLF, belonged to the U.S. Muslim Brotherhood's Palestinian Committee, or were part of the "global Hamas financing mechanism." |
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| U.S. Government Second Supplemental Trial Brief In preparation for the second Holy Land Foundation trial, prosecutors filed a second supplemental trial brief laying out their argument. Notably, prosecutors again will delve into the expansive Muslim Brotherhood network in the U.S.: "the defendants, through the HLF, were engaged in a conspiracy to support Hamas through their membership in the Palestine Committee, an organization created by the U.S. branch of the Muslim Brotherhood to assist Hamas, which itself is the Palestinian branch of the Muslim Brotherhood. Along with the HLF, whose function was to raise funds on behalf of Hamas, the Palestine Committee oversaw the Islamic Association for Palestine ('IAP'), the United Association for Studies & Research ('UASR') and, later on, the Council on American Islamic Relations ('CAIR')." |
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Maps
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| The Hamas Charter - Published by the IAP Information Office DOJ writes that IAP "was designed as a propaganda facility, responsible for Intifada festivals (involving the defendant HLF), pro-Hamas publications, and the general rallying of support within the American Palestinian community. The IAP was the first organization to publish an English version of the Hamas charter, which...vows to replace Israel, the West Bank, and Gaza with an Islamic state." The charter states that the Islamic Resistance Movement is one of the wings of Moslem Brotherhood in Palestine. An IAP-translated version of the charter was entered into evidence as well. DOJ also entered into evidence a copy of the charter published by Yale University. |
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| Hamas Structure This "demonstrative" chart reflects the political, military, and social/"dawa" arms of Hamas. |
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Hamas Leadership in the 1990s - In Pictures
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Designation of Hamas and Its Leadership as Terrorists
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| Hamas Terror - In Pictures | |
| "Work Paper #1 - A Historical Outline and The Main Issues" This document provides a history of key dates for several Muslim Brotherhood organizations in the U.S. For example, according to the document, "In 1981, the Ikhwan founded the Islamic Association for Palestine to serve the cause of Palestine on the political and media fronts." (This document was seized in a search of Ismail Elbarasse's home. Elbarasse was an IAP official and an AMELP incorporator who shared a bank account with Hamas leader Mousa Abu Marzook.) |
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| "Ikhwan in America" - Zeid al-Noman In a talk titled "Ikhwan in America," Zeid al-Noman makes a number of significant revelations about the U.S. Brotherhood's inner workings. Al-Noman states, "recruitment used to take place in the following format: attending the MSA conferences and choosing active Arab elements and approaching them to join the Ikhwans. This was followed by visits to the local branches and, consequently, choosing active elements over there and approaching them to join the Ikhwans. As for the Ikhwan who came from their countries, they most probably joined the Movement specially if there were large numbers of the Ikhwan Movement who preceded them to America. Then, joining the Movement would be automatic..." Commenting on the composition of the U.S. Brotherhood, al-Noman remarks, "at the north America's level...the vast majority of the Muslim Brotherhood here are students. Therefore, we find them very prone to change...The base changes about 70% almost every five years." Al-Noman laments that "this prevents long-term planning due to the lack of the long-term stability of the base." He further notes that "our number is limited," adding that within the population of "adherent Muslims who attend the Friday prayers," "you won't find the Ikhwans percentage in those people more than 1%..." Moreover, when asked what he meant by a reference to "securing the group" in his speech, al-Noman responds, "Securing the Group' is...the Group's security against outside dangers. For instance, to monitor the suspicious movements on the...,which exist on the American front such as Zionism, Masonry...etc. Monitoring the suspicious movements or the sides, the government bodies such as the CIA, FBI...etc, so that we find out if they are monitoring us, are we not being monitored, how we can get rid of them." Notably, al-Noman asserts that "here in America, there is weapons training in many of the Ikhwan's camps." Finally, al-Noman reveals that "a front is not formed until after a study and after an exhaustive study...the last front formed is the Islamic Association for Palestine." (This document was seized in a search of Ismail Elbarasse's home.) |
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| "An Explanatory Memorandum: On the General Strategic Goal for the Group" - Mohamed Akram - May 22, 1991 NEFA Senior Investigator Doug Farah has blogged extensively on this document. One key excerpt follows: "The process of settlement is a 'Civilization-Jihadist Process' with all the word means. The Ikhwan must understand that their work in America is a kind of grand Jihad in eliminating and destroying the Western civilization from within and 'sabotaging' its miserable house by their hands and the hands of the believers so that it is eliminated and God's religion is made victorious over all other religions." Akram also writes, "we are in a country which understands no language other than the language of the organizations, and one which does not respect or give weight to any group without effective, functional, and strong organizations." In this context, "the big challenge...is how to turn these seeds or 'scattered' elements into comprehensive, stable, 'settled' organizations that are connected with our Movement...and take orders from our guidance." Note: NEFA Senior Investigator Doug Farah publicized a memo, written by Pentagon Joint Staff analyst Stephen Coughlin, analyzing this document. Introducing Coughlin's memo, Army Lt. Col. Joseph C. Myers, Senior Army Advisor and former head of the Defense Intelligence Agency's South America division, writes, "This assessment makes the point that the Muslim Brotherhood should be considered a threat organization and the affiliated US domestic Muslim NGOs and associations identified in the strategy document should likewise be considered part of the Muslim Brotherhood network, that these are 'front' functional organizations operating as links and nodes of the overall network." At the end of his memo, Coughlin assesses, "outreach strategies must be adjusted in the face of credible information that seeming Islamic humanitarian or professional non-governmental organizations may be part of the global jihad with potential for being part of the terrorist or insurgent support system." (This document was seized in a search of Ismail Elbarasse's home.) |
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| The U.S. Muslim Brotherhood's Palestine Committee: Bylaws According to the bylaws, the Palestine Committee is a specialized committee emanating from the Palestine Section which was formed by the executive office of the Muslim Brotherhood in the Levant countries. Its scope of work is limited to North America and its contacts include other countries. The Committee works only within its extent and with what does not conflict with the policies and the structures of the group in America." The IAP's duties include "drawing the strategy" and "supervision, follow-up and direction." (This document was seized in a search of Ismail Elbarasse's home.) |
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| The U.S. Muslim Brotherhood's Palestine Committee: Suggested Amendments The suggested amendments note that the "instructions of the International Shura Council and the Office of Guidelines in regards to the Palestinian issues through the Secretariat General, dated 8/1/1990, state the following:...2 - Giving attention to holding conferences relating to the cause of Palestine, publishing and focusing on the brutality of the Jews. 3 - Collecting of donations for the Islamic Resistance Movement from the Ikhwan and others...5 - Bringing to the media light the cause of Sheik Ahmad Yasin and his ailing condition." (This document was seized in a search of Ismail Elbarasse's home.) |
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| U.S. Muslim Brotherhood Palestine Committee - Agenda and Meeting Minutes In the agenda and meeting minutes from a July 1994 Palestine Committee meeting, the author discusses developing the "work of the following organizations": IAP, HLF, UASR, and the Council on American-Islamic Relations (CAIR). The author also points out "the need for trained resources in the media and political fields." |
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| The U.S. Muslim Brotherhood's Palestine Committee - 1991 Organization Chart In addition to providing an organization chart, this document also lists those serving on the Central Committee, the Shura Council and the Executive Committee of the Muslim Brotherhood's Palestinian Committee. |
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| Palestine Section: Important Numbers Inside and Outside America This document was seized in the house of U.S. Muslim Brotherhood Palestine Committee member Abdelhaleem Ashqar and provides phone/fax numbers for Palestine Committee members inside and outside America. |
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| Hamas Bulletin for the Palestine Committee: October 1992 This October 1992 "special non-periodical bulletin" authored by Hamas and distributed to the Palestine Committee in various countries notes "that the brothers should work on spreading the contents of the bulletin and the ideas contained in it among the Ikhwans and the collective Islamists." (This document was seized in a search of Ismail Elbarasse's home.) |
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| Implementation Manual for the Group's Plan: 1991-1992 This manual lays out the Brotherhood's plan for an array of different departments/committees, including "The Sisters," "The Youth," "The Dawa," "South America," and "Security." (This document was seized in a search of Ismail Elbarasse's home.) |
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| Work Plan: "Inside" and "Outside" This document lays out various goals, the means of execution, a time frame for execution, and identifies an execution party, as well as a follow-up party. (This document was photographed during a covert search of Abdelhaleem Ashqar's home.) |
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| "A Suggested Work Paper" - "Re-arranging Frame of Work on the Inside" This document was photographed during a covert search of the house of U.S. Muslim Brotherhood Palestine Committee member Abdelhaleem Ashqar and provides background on the Muslim Brotherhood and Hamas. The paper asserts that one goal should be "familiarization of and publicizing Hamas," while another goal should be "improving the Islamists' image in general." |
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| Palestine Committee Update - Contained in 1989/90 Annual Report According to this section of the Annual Report, the Palestine Committee contains "The Islamic Association for Palestine, The Occupied Land Fund, The United Association for Studies & Research, The Office of Foreign Affairs, The Investment Committee, The Rehabilitation Committee, The Medical Committee, and the Legal Committee." A similar update for 1991-1992 was also entered into evidence. (These documents were seized in a search of Ismail Elbarasse's home.) |
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| Meeting Agenda: June 1-3, 1990 According to this meeting agenda, the Palestine Committee heard updates from IAP, OLF, the Rehabilitation Committee, the Media Company, Levant, Finance, and the "Palestine branch/M. Information." (This document was seized in a search of Ismail Elbarasse's home.) |
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| Meeting Agenda of the Financial Committee: February 18, 1989 This document memorializes the agenda for a meeting of the Palestine Committee's Financial Committee, which was held in February 1989 in Washington D.C. The document discusses the Fund [HLF], ISNA, the Association [IAP], and the World Muslim League. Another document pertaining to that meeting was also entered into evidence. (This document was seized in a search of Ismail Elbarasse's home.) |
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| "Preliminary Vision for Preparing Future Leadership" This December 1988 document summarizes a meeting that was called in an "attempt to fill in the leadership vacuum, which is expected to occur in the upcoming years, and to create a second line of leadership to take over the administrative, planning, executive or technical duties." The meeting also sought to address the "major shortage in the educational and guiding leadership." (This document was seized in a search of Ismail Elbarasse's home.) |
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Mousa Abu Marzook/Ismail Elbarasse Financial Records
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| Mousa Abu Marzook/Nadia Elashi Tax Returns |
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| Mousa Abu Marzook's Financial Support for HLF and its Top Officials In the second trial, the defense entered this chart summarizing the transfers between Mousa Abu Marzook and HLF's top officials. (The below information is drawn from NEFA's HLF Trial 1 library.) A $10,000 check Hamas leader Mousa Abu Marzook wrote to HLF can be viewed here, while two $100,000 checks can be see here and here. Further, HLF Executive Director Shukri Abu Baker wrote that the organization received $66,000 through Marzook (This document was also entered into evidence in trial #2.) The U.S. government has also introduced HLF's IRS Form 990 filing from 1993, which documents $210,000 in donations from Marzook to HLF between 1989 and 1992. (This transfer was also highlighted in trial #2 in a DOJ filing). (This transcript of an intercepted April 1996 conversation between Mohamed El-Mezain, Shukri Abu Baker, and Haitham Maghawri reveals that Marzook's attorney denied this donation when questioned by a Dallas Morning News reporter. El-Mezain comments, "It is a big mess, my brother.") Marzook also wrote checks to Abu Baker and HLF officials Mohamed El-Mezain and Ghassan Elashi. Checks to Baker were written for $128; $139; $150; $243; and $1,200. A document summarizing the $1,886 Marzook transferred to Abu Baker is here. El-Mezain received checks for $247; $1,000; $2,000; $2,000; $2,000; $2,000; $4,000; $5,000; and $5,000; in total, Marzook transferred $23,287 to El-Mezain. (Some of these checks were also entered into evidence in trial #2.) Significantly, El-Mezain and Marzook are cousins, according to the HLF indictment. Finally, Marzook sent $2,309 to Ghassan Elashi. |
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| Mousa Abu Marzook's Phone Contacts with HLF Officials The government introduced a summary page demonstrating the frequent phone contacts between Marzook and the defendants. |
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| Mousa Abu Marzook's Financial Support for IAP The government introduced a summary page of $757,864 in contributions Mousa Abu Marzook made to IAP. Some of the individual checks were also entered into evidence. (The defense entered into evidence these financial records.) |
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| Mousa Abu Marzook's Financial Support for UASR In support of UASR, which he co-founded, Marzook transferred $286,272 to UASR. (The defense entered into evidence these financial records.) |
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| Mousa Abu Marzook and K&A Trading Between 1989 and 1991, K&A Trading - a Saudi company - sent Mousa Abu Marzook over $1,000,000. K&A Trading was headed by Khairy H. Al-Agha, a Saudi Palestine Committee member. Al-Agha's name is evident on this application to open a bank account, as well as on this Marzook financial statement and this Marzook money transfer. Moreover, in 1988, OLF sent $250,175 overseas to K&A Trading. |
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| Mousa Abu Marzook's Phonebook U.S. authorities seized Mousa Abu Marzook's phonebook after detaining him on an Israeli arrest warrant in July 1995 |
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| IAP Internal Memo: "Teach the Enemies of God the Lessons of Prophets and Mujahideen" An internal IAP memo provides additional insight into the organization's genesis: "In the beginning of the eighties, the Islamic action for Palestine experienced distinguished leaps. At the inside level, groups and apparatuses were formed to confront the Zionist enemy...At the outside level, a number of associations, Islamic youths and students unions were formed to ally the masses in order to render the Palestinian cause victorious. Therefore, the Islamic Association for Palestine's Students in Kuwait, the Islamic Association for Palestinian Youths in Britain, the Islamic Association for Palestine in North America and Muslim Palestinian Youths Association in Germany and others were founded." According to the memo, the IAP "was and still is the general field through which the Movement expresses its view and positions regarding the Palestinian cause." Finally, the memo concludes by stating "we stress to our brothers the need to stand behind this blessed Islamic action so that God the Almighty make it, or make available to us through it, a field for Jihad in which we teach the enemies of God the lessons of prophets and Mujahideen in triumphing over them or martyring for the sake of God." Mousa Abu Marzook gave IAP a total of $858,158. |
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| IAP Hosts Deported Hamas Leader Khalil al-Kouka In this flyer, IAP announces that Khalil al-Kouka, "one of the deported leaders of the Islamic Resistance Movement-Hamas," will be a guest at an IAP festival. (This document was seized in a search of Ismail Elbarasse's home.) |
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IAP's Ila Filastine
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| IAP and Ahmed Yassin This flyer, published by IAP, marks the one year anniversary of Ahmed Yassin's imprisonment and asserts he was tortured by Israel. |
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| IAP and Izz Al-Din Al-Qassam In this book, titled "The Jihadist School: Izz Al-Din Al-Qassam" and published by IAP, IAP profiles the man after whom Hamas' military wing is named. The book notes that he knew that "jihad is the only path to freedom." |
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| IAP Grant Request - Projects and Goals 1994 In this document, IAP provides “a detailed scheme of our current projects as well as our plans for the near future along with their financial costs.” The author of this document is Nihad Awad, one of the three incorporators of the Council on American-Islamic Relations (CAIR), who served as Public Relations Director for IAP. All three CAIR incorporators - Omar Ahmad, Nihad Awad, and Rafeeq Jaber - have held senior positions at IAP. |
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| UASR's Middle East Affairs Journal The prosecution entered into evidence the Summer/Fall 1996 edition of the Middle East Affairs Journal, published by UASR. The publication includes an article titled, "Hamas' Military Operations: Resistance or Terrorism?", as well as a piece titled, "Ahmed Yassin: A Leader in Limbo." Also entered into evidence was the Winter/Spring 1998 edition of the Middle East Affairs Journal, published by UASR. The publication includes an article titled, "The Legitimacy of Palestinian Resistance: An Islamist's Perspective," authored by Azzam Tamimi. The Summer/Fall1998 edition of the Middle East Affairs Journal was entered into evidence. It includes two Hamas communiques, and articles by Hamas' Khalid Mishal and Jamal Hamami. (A 1995 fax from the IAP Information Office identified Hamami as a Hamas leader. Further, he has been named in U.S. government court filings as "part of...Hamas' social infrastructure in Israel and the Palestinian territories.") |
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| North American Islamic Trust - Financial Records The prosecution entered 295 pages of North American Islamic Trust (NAIT) financial records. NAIT was named an Unindicted Co-Conspirator by DOJ. In June 2008, the North American Islamic Trust (NAIT) and the Islamic Society of North America (ISNA) challenged (Appendix) their inclusion on this list stating that "the government's characterization of each organization as part of a criminal conspiracy to support a designated terrorist organization has profoundly harmed their reputations and has had deeply negative consequences for their lawful missions and activities: promoting the participation of American Muslims in this country's religious, civil and political life." In response, in July 2008, federal prosecutors filed a motion opposing NAIT and ISNA's request to have their names expunged from the unindicted co-conspirator list. DOJ wrote that, "during last year’s trial, numerous exhibits were entered into evidence establishing both ISNA’s and NAIT’s intimate relationship with the Muslim Brotherhood, the Palestine Committee, and the defendants in this case. Accordingly, there is no possible basis for petitioner’s 'expungement' from the Government’s list of co-conspirators and joint venturers." In the filing, DOJ explicitly stated that "the evidence introduced at trial...established that ISNA and NAIT were among those organizations created by the U.S.-Muslim Brotherhood." Moreover, "ISNA and NAIT...were intimately connected with the HLF and its assigned task of providing financial support to HAMAS." Federal prosecutors wrote, "during the early years of the HLF’s operation, HLF raised money and supported HAMAS through a bank account it held with ISNA at NAIT...Indeed, HLF (under its former name, OLF) operated from within ISNA, in Plainfield, Indiana, where Defendant Shukri Baker was employed. ISNA checks deposited into the ISNA/NAIT account for the HLF were often made payable to 'the Palestinian Mujahadeen,' the original name for the HAMAS military wing...From that ISNA/NAIT account, the HLF sent hundreds of thousands of dollars to HAMAS leader Mousa Abu Marzook, Nadia Elashi (defendant Ghassan Elashi’s cousin and Marzook’s wife), Sheikh Ahmed Yassin’s Islamic Center of Gaza, the Islamic University, and a number of other individuals associated with HAMAS." |
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| Holy Land Foundation Defendants - In Pictures |
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Incorporation Documents - Hamas' U.S. Infrastructure
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| Palestinian Authority Document: "Who is Financing Hamas" A Palestinian Authority document on Hamas fundraising notes that Hamas collects 10% of its budget from the U.S. Organizations supporting Hamas include HLF, IAP, UASR, and Mecca Investments. Other entities in Europe, the Middle East, and Africa are also identified. |
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HLF's Internal Revenue Service (IRS) Filings
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| HLF's Annual Reports | |
| HLF Officials' Familial Relationships to Hamas Leaders Overseas This slide displays the myriad familial relationships between HLF officials and Hamas leaders overseas, including Khalid Mishal and Mousa Abu Marzook. |
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| HLF Telephone Contacts with Hamas Leaders Overseas This slide lays out the phone contacts between HLF offices and Hamas leaders overseas, including Khalid Mishal and Abdel Aziz Rantisi. |
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| Occupied Land Fund - Board Meeting Minutes: May 5-6, 1990 These minutes document a 1990 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. A plan for a "public relation and information program" were discussed. |
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| Occupied Land Fund - Board Meeting Minutes: July 25-26, 1990 These minutes document a 1990 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. Again, a "media strategy" was discussed. |
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| Occupied Land Fund - Board Meeting Minutes: Feb. 16-18, 1991 These minutes document a 1991 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. Two transfers of $50,000 involving the Hamas-linked Islamic University of Gaza are referenced. |
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| Occupied Land Fund - Board Meeting Minutes: May 4-5, 1991 These minutes document a 1991 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. Possible board members were discussed, including Jamal Badawi, Nabil Sadoun, and Jamal Said. |
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| Occupied Land Fund - Board Meeting Minutes: Feb. 22, 1992 These minutes document a 1992 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. Better relations with the Jerusalem office were highlighted as a key action item for 1992. |
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| Shukri Abu Baker: Report on Trip to the Occupied Territories - July/Aug. 1991 Shukri Abu Baker authored this document summarizing his July-August 1991 trip to the Occupied Territories where he traveled to Jerusalem, Bethlehem, Gaza, Tulkarem, Jericho, Jenin, Nablus, and elsewhere. He noted that he told the "officials" he met with that it was "necessary that the brothers inside submit a unified strategy for charity work." |
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| Re: Resolutions Relating to the Occupied Land Fund This document, signed by the head of the Central Committee, notes that "the Fund will commit to paying $25,000 annually to the Central Committee." (This document was seized in a search of Ismail Elbarasse's home.) |
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| Holy Land Foundation's Name Change This document explains that the Occupied Land Fund changed its name to the Holy Land Foundation "after a study from the inside and contacts with the outside and - upon a request from the inside to change the name and outside consultations..." HLF hoped that this change would "bring its desired fruits in the form of support for the people on the inside and to make their matters easier to manage." (This document was seized in a search of Ismail Elbarasse's home.) |
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| Holy Land Foundation - Employee List This spreadsheet provides the names of HLF employees, their date of hire, the years during which they worked for HLF, and their salary. The U.S. government's list of unindicted co-conspirators indicates that an array of HLF employees were members of the U.S. Muslim Brotherhood's Palestine Committee, such as Kifah Moustapha, Ayman Ismail, Dallel Mohmed, Islam Siam, Mohamed El Shorbagi, and Fayez Idlebi. A number of HLF employees, including Ayman Ismail and Mohamed El-Shorbagi, have already been subject to U.S. government enforcement action. Ismail was deported in August 2004; the accompanying ICE press release states, "Ismail claimed he was merely a Web site designer. However, documents seized from HLF showed he also had a significant role in fund raising." In February 2007, El-Shorbagi was sentenced to 7 years, 8 months in prison after pleading guilty to providing material support to Hamas. A DOJ press release notes that El-Shorbagi, a Georgia representative for HLF, "attended HLF meetings at which high-level HAMAS officials made presentations condemning Israel." Moreover, he "hosted high-level HAMAS officials at the Rome, Georgia mosque at which he served as imam." As part of his plea deal, he was to "testify about the HLF and IAP, and their relationship to Hamas and the Muslim Brotherhood." Shorbagi was not called to testify in the first HLF trial. |
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| The HLF-IAP Relationship (The below documents, except when noted, were entered into evidence in trial #1) Over the course of its existence, IAP worked diligently to raise money for HLF. A series of documents highlight the IAP/HLF relationship. One such document, known as the "Ramadan Agreement," establishes that "HLF shall pay the AMS/IAP a total of (40,000) U.S. dollars for all HLF fundraising activities facilitated by or coordinated with the AMS/IAP during the month of Ramadan." The document covered HLF's fundraising tour through 25 U.S. cities during Ramadan 1997. (It is worth noting that Rafeeq Jaber, the AMS/IAP representative named in the document, is one of the Council on American-Islamic Relations' three founders.) The "Ramadan Agreements" for Ramadan 1998 and Ramadan 1999 are equally illustrative. During his 2003 deposition in the Boim case, Shukri Abu Baker also said that "some of the contracts would go between us and American Middle East League, so being the mother organization of the IAP." Federal prosecutors introduced additional evidence highlighting the ties between IAP and HLF. This advertisement (Arabic and English) in a publication from the IAP Information Office solicits donations for the Occupied Land Fund, while this ad (Arabic and English) in IAP's Al-Zaitounah requests donations for HLF. Additional Occupied Land Fund advertisements can be seen in this November-December 1989 issue of IAP's Ila Filastine. The text of one article, honoring the "martyr" Abdullah Azzam (see more on Azzam below), states, "...we remind our brothers and sisters, the Muslims of North America, that they can express their faithfulness to th e blood of our hero martyr...through the support to the Occupied Land Fund..." Still another HLF ad can be seen in this February 1993 issue of IAP's Al-Zaitounah. HLF's 2001 advertising expenditures on IAP publications, as well as on an array of other publications, are viewable here. Other HLF advertising expenditures on IAP publications are here. In the trial #2, prosecutors introduced an IAP document, seized at the home of Ismail Elbarasse, that states, "This is in reference to the 10% we agreed upon last October to be paid by OLF to IAP to cover our expenses for Planning, managing and executing the enclosed list of activities that OLF has benefited from."And prosecutors have produced checks OLF/HLF wrote to IAP for $1,035; $1,385; and $2,750. A $40,000 transfer between the two organization can be seen here, while in this communication IAP requests payment of $39,688 from HLF. Moreover, prosecutors have released checks OLF wrote to the American Middle Eastern League for Palestine (IAP did business as AMELP) for $5,000; $6,027; and $7,000. In total, between 1989 and 2001, HLF transferred $249,230 to IAP. Also of note is this 1989 letter from Ghassan Elashi, in which Elashi requests a $1,500 payment be made to a joint IAP/OLF post office box in Culver City, California. There was even personnel overlap between HLF and IAP. As noted above, IAP was co-founded by Ghassan Elashi, who also incorporated HLF. Moreover, HLF official Shukri Abu Baker served on IAP's advisory board. During his 2003 deposition in the Boim case, Shukri Abu Baker explained that while serving on IAP's board, he "advocated the Holy Land Foundation wherever I went." Further, Kifah Mustapha was HLF's registered agent in Illinois and an IAP board member. And Akram Kharoubi was an HLF and IAP representative, while HLF board member Ahmed Agha was an incorporator of AMELP (IAP did business as AMELP). Finally, HLF board member Rasmi Almallah was an incorporator of IAP in Texas. |
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| The 1993 Philadelphia Conference - Background The U.S. government's trial brief provides this background on the Oslo Accords: "Although there are varying accounts as to the exact date at which the First Intifada officially ended, by most accounts, 1993 and the signing of the Oslo Accords...signified the end." As the government notes, "The Oslo Accords were not...universally accepted. Hamas rejected the agreement for its unacceptable condition of recognizing Israel's right to exist. For Hamas, the Oslo Accords were a threat to its survival and in direct confrontation with its most valued tenet - the destruction of the State of Israel and the creation of an Islamic state in all of what is today Israel, the West Bank, and the Gaza Strip." Moreover, "For Hamas' support network in the United States (the Palestinian Committee), the signing of the Oslo Accords and America's brokering of the agreement presented a difficult challenge. The Oslo Accords had provided a degree of public expectation for a peaceful resolution to the historic conflict. In order for the Palestinian Committee to fulfill its mandate of assisting and strengthening Hamas, it would have to be much more cautious and organized in its efforts, so as to avoid overt alignment with a group now dedicated to undermining the American-backed peace process." It was in this environment that "in October 1993, less than one month after the public signing of the Oslo Accords, approximately 20 members of the Palestinian Committee gathered together in Philadelphia, Pennsylvania to discuss how best to proceed in light of the Oslo Accords." |
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| The 1993 Philadelphia Conference - Planning In this September 13, 1993 intercepted telephone conversation between Abdelhaleem Ashqar, Shukri Abu Baker, and Omar Ahmad (a.k.a. Omar Yehya), the three men discuss the details of the upcoming Philadelphia conference. (During trial #1, the full transcript was entered into evidence.) A significant portion of the conversation is spent talking about the best format for the conference. Ahmad asks, "should we ask every organization...to present a paper on behalf of his organization?...for instance, the people of the Association [IAP], we are four or five. All of us should try to organize our thoughts and one of [us] would come and present a paper, to see what he believes, the strategy and what is the situation of the work in the future. For instance, the same thing for the Fund, the same thing for Al Aqsa, too." Abu Baker responds, "my opinion is to designate people to write" because "it is essential to know what the future of the charitable and national organizations under the self rule area will be. At least, even if theoretically...from the legality standpoint, what can happen to them." When the discussion shifts to the invite list, Ahmad asks about inviting Abdel Aziz Sidiqui, "the Sudanese brother." Abu Baker replies, "I'm just with the original idea that we limit the number. We don't know necessarily have to bring everyone who is working because is strategic planning." He continues, "A large number...will be suspicious and...will attract attention." Reflecting similar concerns, Abu Baker expresses his desire that "this meeting will be an open presentation...so that some[one] walks into us from the street and hears the talk, he will not..." Abu Baker adds, "Because, you have talk about the organizations and you need to work properly." The men also review basic logistics. For example, Ahmad says, "we should make reservation. I heard that, by Friday, they have 45 percent, discount on some of the routes, not all the routes." And Ahmad notes, "we will be near the airport...and...there is a shuttle bus...to the hotel." During this conversation, Abu Baker also asks his friends for advice on whether he should agree to deliver a sermon "about this subject." He warns, "I can't get up on the pulpit and be a hypocrite...I will go up and deliver the sermon and it could be because of a Friday sermon that one gets the Foundation in grave trouble." Ahmad cautions, "a quotation from You can be used ten years later." (Ironically, CAIR's Nihad Awad is still haunted by comments he made at a 1994 event, when he declared, "I am in support of the Hamas movement more than the PLO.") Then, in this September 27, 1993 intercepted telephone conversation between Abdelhaleem Ashqar and Omar Ahmad (a.k.a. Omar Yehya), the two men discuss which invitees will be attending. Ashqar states, "you are looking at twenty-three or twenty-six" attendees. (In trial #1, a full transcript was entered into evidence.) (Note: CAIR, the organization Ahmad would go on to co-found, has been a passionate defender of Ashqar during his legal battles. For example, this CAIR-Chicago press release states, "Through its targeting of Mr. Salah and Dr. Ashqar, the Bush administration has attempted to criminalize charitable aid to Palestinians...The defendants are neither terrorists nor criminals for having supplied charitable aid to the most vulnerable factions of their occupied and war-raved country of origin, Palestine." This year Ashqar was acquitted of racketeering conspiracy charges related to supporting Hamas but convicted of obstruction of justice and criminal contempt.) |
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| The 1993 Philadelphia Conference - Attendees This chart identifies the individuals attending the conference, as well as their affiliations (HLF, IAP, Palestine Committee, CAIR, etc.) |
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| The 1993 Philadelphia Conference - In Pictures |
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| The 1993 Philadelphia Conference - Financial Records |
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| The 1993 Philadelphia Conference - Agenda This document lays out the conference's agenda, stating that the seminar's goals are "determining the strategies, policies, and frames of Islamic activism for Palestine in North America in the near and far stages in its following aspects: Political action and public relations. Popular action. Charitable action. Media action." One session planned to address "charity work and its future in light of the changes." (This document was photographed during a covert search of Abdelhaleem Ashqar's residence.) |
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| The 1993 Philadelphia Conference: "This Meeting was Called for by the Palestine Committee" On this tape, Omar Ahmad explains the purpose of the meeting to the attendees, saying, "This meeting was called for by the Palestine Committee...to study the situation in light of the latest developments on the Palestinian arena, its effects and impact on our work here in America." Laying the ground rules, he states, "The brothers who will submit papers...will have a moderator with them and someone to take the minutes of the session and the points [discussed]. When discussion is over, he will present to us what he got out of the discussions. We approve it and then we end the first session and so forth...We would leave with work visions or action plan." During the second trial, DOJ also entered into evidence an excerpt from the larger transcript. |
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| The 1993 Philadelphia Conference - "Please Don't Mention the Name Samah in an Explicit Manner" With the conference in its early stages, Shukri Abu Baker makes a telling request, asking the attendees, "Please don't mention the name Samah in an explicit manner. We agree on saying it as 'sister Samah'...the session here is joint workshop between the Holy Land Foundation and the IAP." Prosecutors have argued that Abu Baker used "Samah," which is Hamas spelled backwards, as a code word. During the second trial, DOJ also entered into evidence an excerpt from the larger transcript. |
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| The 1993 Philadelphia Conference - "What is the Goal of the Upcoming Stage?" During this session, Gawad (last name unknown) highlights widespread ignorance about the Oslo Accords: "How many people have read it [the agreement]? One in every thousand?...So, how do you expect these people to defend the future of the Movement and the Movement's position?...What is needed then is to have the Palestinian be aware of what is in the agreement...We barely read some of it. How about the general public?" He then lays out the consequences of the Accords: "You're no longer have the right to resist the occupation. All of that will be classified according to the American concept. There is no occupation now. There is an understanding and there no weapons to be carried because there is no occupation to be fought...Suffering now is on the hands of the local government. This will be classified as terrorism according to America...How are you going to perform Jihad?" Speaking on a similar theme, Gawad says, "The resistance will continue...This will be a true problem if you deal with the resistance which will continue to fight on even against the self-rule and they are in dire need for sympathy and dealing with them...You must formulate the position of the Palestinians and the Muslims here in America to support the resistance...That's a problem by itself. In the same time, not falling under the accusations of terrorism and those who harbor terrorism or tend to according to the American...How can we carry two...at the same time? This, really, is a true problem." In his presentation, Gawad also advises, "Following up on the issues of the self-rule should be on two axises...The first axis you have to work on is the institutions of the self-rule as far as human rights and democracy are concerned in order to show that it is an undemocratic Authority...Also, analyzing the American sympathy...with...[the PNA]...unfortunately, our approach will be the same in dealing with the Israeli government in America...The second one relates to the final stage negotiation which is you trying to say that Israel is maneuvering, wants to postpone, plays the mouse game...if you take a hostile stand towards the self-rule, I believe that there should be a harmony between the two approaches." Responding to the presentation, Abdelhaleem Ashqar asks, "What is the goal of the upcoming stage? Is it to derail the agreement[?]" Shukri Abu Baker chimes in, "The term 'derailment' should include resistance, you see? 'Derailment' scares me a lot as we work in organizations meant to...when we say 'derailment', it puts us in a platform bigger than what the U.S. atmosphere would tolerate." Later, Omar Ahmad posits, "have we been able to make people view the [Palestinian National] Authority as collaborators? An Authority which doesn't care for people's interests and the interest of the national rights and the people's....This is the best success we could reach." During the second trial, DOJ also entered into evidence an excerpt from the larger transcript. |
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| The 1993 Philadelphia Conference - "The Relationship of America to the Inside" During this session, Abdelhaleem Ashqar tackles the topic of "the relationship of America to the inside..." Ashqar notes that "What pushed me to this topic...is three consideration and several incidents. First of all, the incident of Mohamed Salah...The first result, conclusion or lesson from the incident of Mohamad Salah is that bearers of U.S. passports are not above the reach of the law." (Note: Chicago resident Mohamad Salah was incarcerated in Israel from 1993-1997 for assisting Hamas. In 2007, Salah and Ashqar were acquitted in U.S. federal court of racketeering conspiracy charges related to supporting Hamas; Salah was convicted of obstruction of justice for providing false answers in a civil lawsuit.) Ashqar continues, "The second thing is precision and caution. My brothers, with great respect for the people of America, like the Sudanese people say, America's and Canada's brothers, they see themselves as a distinctive style. They have a distinctive style in America and Canada, but the inside has its circumstances and its precautions. Therefore, precision and caution should come to play when dealing with it. Not like we deal in America where we have a legal slack or an atmosphere of freedom." Then, Ashqar states, "The third point...is the peace accord which ended the legitimacy of the resistance of the Israelis as an occupation. This might be one of the most important results as America didn't use to condemn action against military personnel. But, now that the agreement is in place...your actions now are terrorism and not a resistance." Assessing the current situation, Ashqar points out that "we have several institutions which support work on the inside, but still a lot remains. I will give you an example; the deportees, since December until now, not even one official delegation went [to see them] from America, not because we didn't think about it, but because there are no resources." Turning to education, Ashqar says, "Most of the college professors are graduates from America...The issue of education and the higher studies in America is an essential issue...in order to control the institutions and in order to give political might to our brothers in the inside." Ashqar also asserts that "The effect of visiting delegations...is really an important issue, particularly in the upcoming stage. We must make people in the inside [feel] that they're not cut out like a limb from a tree, but that they have their extensions." Further, Ashqar warns that "The entire archive in the inside might be confiscated entirely. If there was really no duplicate for it, the Movement will really come without a heritage and every movement will begin from...zero." And Shukri Abu Baker cautions the attendees that "the other issue...is the legal and security situation. I mean, now...you resist the entire world...The entire world is against you...No doubt, there will be legal obstacles. Three years ago, we were visited by some of our brothers...and we said 'Our brothers, think about the day Sister Samah will get divorced, when everybody rejects her and say about her that she is a terrorist'. They were saying that this will never happen." Earlier in the session, Abu Baker had admitted, "We used to have an approach which probably had a glaring color, I mean the Jihadist [address] and this and that, focus on activism even through our lectures, conferences and seminars. And maybe this address was in harmony with the current, the general current was marching in that direction. Therefore, we were marching in that direction. We used to tell the Islamic and the Palestinian communities about the heroism of the youths in the inside." He added, "Military breeding, it was going in that direction. Now, truly, what happened is a turning point. In general, people - regardless if they're convinced or not - even he who was marching with that current, now feels that its speed stopped, slowed down or something." During the second trial, DOJ also entered into evidence an excerpt from the larger transcript. |
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| The 1993 Philadelphia Conference - "America Constitutes Five Fundamental Axises" On this tape, Gawad (last name unknown) declares that "America constitutes five fundamental axises for the Movement." According to Gawad, the first axis is "to remain a secure place for the Movement." Gawad continues, "Two, potentials from the community - specially those who speak the language and stuff like that - the Movement needs them to invest in them...We have to pay attention to this advanced mentality, this civilized [mentality], the one which understands how the world works...Three, to make this front a pressure element on the Palestinian political leadership over there. Why? In order to shape the public opinion, the enlightened class, doctors, the rich, the well-to-do, those who live in the West, those who know the Western nations, etc. The American front...will give a backing to the position of the Movement." Gawad continues, "Four, providing services. This includes humanitarian [services]...The fifth direction is to our work in the IAP and the group which is here for Palestine should take leadership of the Palestinian political current in America..." Gawad also warns, "if financial support for them [the brothers inside] does not continue, our institutions will really stop." In this same session, an unidentified speaker comments, "All the Jews have one religion and all infidels have one religion, regardless. I mean, they all agree on slaughtering Muslims." Also in this session, Omar Ahmad res | |