Defendants in the trial of the Holy Land Foundation for Relief and Development (HLF), once considered the largest Muslim charity in the U.S., were found guilty of funding Hamas on November 24, 2008. 

The federal jury in Dallas returned guilty verdicts on all 108 counts against the HLF and the five former officers of the charity. The federal government proved to the jury that the defendants funneled over $12 million to Hamas after the U.S. government had designated it a foreign terrorist organization in 1995.  

In addition to providing material support to Hamas, Ghassan Elashi and Shukri Abu-Baker, former HLF chairman and chief executive, were convicted of a combined 69 counts that include charges of tax fraud and money laundering.  The other defendants – Mufid Abdulqader, Abdelrahman Odeh and Mohammed El-Mezain – were convicted on conspiracy charges.    

HLF gave money to charity organizations known as zakat committees that operated in the Palestinian territories. Though these were not listed as terrorist entities, Hamas controlled them and the money they collected benefited the terrorist organization's structure.  According to the Department of Justice, "HLF intentionally hid its financial support for Hamas behind the guise of charitable donations."

HLF was part of an organizational structure that was set up by the radical Muslim Brotherhood to support the Hamas terrorist organization, according to public records, including documents released by the government.  

HLF was shut down and its assets frozen by the government in December 2001 after it was designated as a charity that provided material and logistical support to Hamas under Executive Orders 13224 and 12947.   

At that time, Shukri Abu Baker denied any connection to Hamas and HLF filed a lawsuit against the government challenging the freezing of its assets. In August 2002, the U.S. district court judge rejected HLF's arguments, saying that the government had a strong case against the charity, and "there is evidence that HLF raised funds for Hamas, that Hamas provided financial support to HLF, and that HLF paid for Hamas leaders to travel to the United States on fund-raising trips." HLF appealed to the Supreme Court, which refused to hear its case.    

The U.S. Justice Department obtained an indictment against HLF in 2004, accusing the charity and its top leaders of a conspiracy to provide aid to a terrorist organization, charging that HLF provided more than $12 million to individuals and organizations linked to Hamas between 1995 and 2001. The group raised a total of $57 million since its incorporation in 1992, but only reported $36.2 million to the IRS, according to the indictment.  

The first trail ended in a mistrial in October 2007 when the jury failed to come to a unanimous decision on most counts.  Prosecutors made significant changes in the second trail, including dropping 29 counts against Abdulqader and Odeh, and decreasing the overall amount of evidence to avoid confusion and adding new witnesses. 

HLF operated as a non-profit 501(c)(3) tax-exempt charity organization. It was founded in 1987 in Los Angeles, California, as the Occupied Land Fund (OLF) by its President and CEO, Shukri A. Baker. In 1991, it changed its name to HLF, and it moved to Richardson, Texas in 1993.  

During the trial, several Muslim organizations joined together with an anti-war group and other organizations to form a coalition in support of HLF. The coalition, dubbed "Hungry for Justice," includes the Council on American-Islamic Relations (CAIR), the Muslim American Society (MAS) and the ANSWER Coalition. 

Documents and evidence released during the criminal trial, which began on July 24, 2007, suggest that HLF was part of an apparatus set up in the U.S. to support efforts by the Muslim Brotherhood and Hamas.

HLF was part of the Palestine Committee, an organizational structure that operated in the U.S. in support of the Muslim Brotherhood and the Muslim Brotherhood's Palestinian offshoot, Hamas, according to documents submitted as evidence in the trial. The Palestine Committee included the United Association for Studies and Research (UASR) and the Islamic Association for Palestine (IAP), both Hamas affiliated anti-Semitic propaganda organizations.

The UASR, a Virginia based think tank, was founded by Hamas leader Musa Abu Marzuq.  In 2006 UASR's director, Ahmed Yousef, became personal adviser to Hamas leader Ismail Haniyeh and a Hamas spokesman in Gaza. The IAP, described by the U.S. government as part of "Hamas' propaganda apparatus," distributed official Hamas communiqués and the Hamas Charter.

HLF operated as a non-profit 501(c)(3) tax-exempt charity organization. It was founded in 1987 in Los Angeles, California, as the Occupied Land Fund (OLF) by its President and CEO, Shukri A. Baker. In 1991, it changed its name to HLF, and it moved to Richardson, Texas in 1993.

Below are some examples that suggest HLF had a role in the U.S.-based network that functioned in support of Hamas:   
 

·         In 1997, Israel banned the Jerusalem-based HLF as a Hamas front-group. That year, Israel raided the group's headquarters and seized documents that allegedly linked the Jerusalem office with the HLF in the U.S. Israel security also arrested the Jerusalem HLF's director, Mohammed Othman (a.k.a. Rahman Anati), for purportedly distributing monthly stipends to families of Hamas suicide bombers. According to the Israeli authorities, most of the money Othman dispensed was raised by the HLF operation in Texas. HLF representatives do not deny the fact that they gave money to the orphans and widows of Hamas activists, but claim that the money was given on the basis of need and not the political affiliation of the deceased.

·         In October 1993, several representatives of HLF and IAP attended a meeting in Philadelphia of Hamas activists in the U.S., according to evidence presented during the trial. Those present, discussed supporting Hamas in the United States through fundraising and political activity, and countering the Israeli-Palestinian peace accords.

 

·        A March 1993, an HLF Ramadan appeal pledge card declared, "Yes. I can and want to help needy families of Palestinian martyrs, prisoners and deportees."

 

·        An October 1992 IAP memo, which was submitted as evidence in the HLF trial, describes the history of the Muslim Brotherhood's involvement in Palestinian politics. It mentions the founding of IAP and HLF (OLF in the document), as well as the launching of Hamas. It also lists resolutions reached by the Muslim Brotherhood movement, including "supporting the continuation of the intifada," and "the completion of formation of Palestine committees… publicizing and focusing on the savagery of the Jews in Palestine." According to the document, IAP and HLF are part of "a Palestine Committee" formed in consultation between U.S. based activists and the leadership of the Muslim Brotherhood and is part of a structure that functions to support Hamas, the movement's "tool and striking wing."     

 

·        According to IRS records, more than 10% of HLF funds in 1992 came from Hamas leader Musa Abu Marzuq.

 

·        A 1992 letter from the Islamic Relief Committee, one of the Palestinian entities that received money from HLF that was found at the home of Ismail Elbarrase, an unindicted co-conspirator in the case, praises killing of Jews and asks for support, including weapons, for the mujahideen.  The letter, one of the documents presented by the prosecution during the trial, states:

 

"You do not know how happy people become when they watch those Mujahideen and how proud they feel when they parade in their uniforms and weapons and the extent of their honor when they carry out their Jihadist operations against the Jews and their tentacles…. Jihad in Palestine is different from any Jihad; the meaning of killing a Jew for the liberation of Palestine cannot be compared to any Jihad on earth... provide us with what helps us of funds and weapons. Weapons, weapons, our brothers."

 

·        A document dated May 1992 that was authored by Mohamed Akram (Adlouni), which was presented as evidence during the HLF trial, details the efforts and goals of the Muslim Brotherhood in the U.S., which the document describes as "a "Civilization-Jihadist Process." The document, titled "An Explanatory Memorandum on the General Strategic Goal for the Brotherhood in North America," lists OLF, IAP and UASR, along with national Muslim organizations such as the Islamic Society of North America and Islamic Circle of North America, under "a list of our organizations and organizations of our friends."  Akram served on the UASR board of directors.

 

·        A March 1991 IAP fundraising letter urged supporters to send funds to the OLF, to support the Intifada.

 

·        In November 1990, IAP and OLF organized a fund-raising dinner at Culver City, California, under the name "Intifada." The Arabic flyer advertising event includes a drawing of a wall covered with graffiti and signed "Hamas." One of the writings says, "The Jihad is the way and there are no alternatives to it." The invitation says that the event is being held "for the start of the fourth year of the Intifada and in commemoration of the launching of Hamas."

 

·        In 1989, at an IAP and HLF sponsored event, a masked man reportedly took the stage to praise Hamas, describing the "oceans of blood" it would bring on the Israelis. He also thanked the two organizations, singling them for being early allies of Hamas. Other speakers praised Hamas, and a Hamas banner draped the table from which they spoke, according to a newspaper report.

 

·        An OLF 1988 fundraising letter stated, "Is it not out of honesty and sincerity that we all be brothers to the martyr's widow? Should we not stand by her and compensate her children for what they lost by their father's martyrdom?" The letter also informs supporters that "Muhammad Siyyam…who visited North America [has] supported the (OLF)." Siyyam is a Hamas leader. The letter says that the OLF is sponsored by IAP.

 

The U.S. Justice Department obtained an indictment against the Holy Land Foundation in 2004, accusing HLF and its top leaders of a conspiracy to provide aid to a terrorist organization, charging that HLF provided more than $12 million to individuals and organizations linked to Hamas between 1995 and 2001. The group raised a total of $57 million since its incorporation in 1992, but only reported $36.2 million to the IRS, according to the indictment.  

The following seven individuals were listed in the indictment:

Shukri Abu Baker: co-founder, president and chief executive officer.

§         "Numerous FBI sources have identified Baker as being a member of Hamas," according to a memo drafted by former FBI counterterrorism director Dale L. Watson. Baker was introduced as the "senior vice president in Hamas" ("second only to Mohammed El Mezain") at a 1994 Islamic Association of Palestine conference in Culver City, California, according to an informant cited in the memo.

§         Baker was one of three HLF leaders who attended the October 1993 meeting in Philadelphia with Hamas activists.

§         At least eleven trips by Hamas leaders to the U.S. were charged to two American Express accounts bearing Baker's name along with HLF 's, according to the FBI. (One account used HLF's original name, the Occupied Land Fund.)

Ghassan Elashi: co-founder, chairman and former executive director.

§         Elashi was one of three HLF leaders attending the Philadelphia meeting with Hamas activists in October 1993.

§        On October 12, 2006 Elashi was sentenced to more than six years in prison for a separate case involving terrorism related charges. Elashi committed the offenses through a Richardson-based computer company, InfoCom, which he ran together with several of his brothers who were also convicted for similar charges. Elashi was convicted of 21 counts, including conspiracy, money laundering and dealing in terrorist property, for handling and trying to conceal an investment by senior Hamas leader Musa Abu Marzuq in InfoCom. On July 7 of the previous year Elashi was found guilty of illegally exporting goods to Syria and of money laundering, which was also done through InfoCom.

§         One of the founders of the Islamic Association for Palestine.

§         A founding board member of the Texas chapter of the Council on American-Islamic Relations.

§         Related by marriage to Hamas leader Musa Abu Marzuq.

Mohammed El-Mezain: former chairman, head of operations in California and "Director of Endowments."

§         At the 1994 Islamic Association for Palestine conference in Culver City, el-Mezain stated that funds raised by HLF "were strictly dollars for Hamas," according to an informant cited in the Dale Watson FBI memo.

§         Mezain told the audience at a Los Angeles Islamic conference in late 1994-early 1995 that he had raised $1.8 million for Hamas inside the United States in 1994, according to the FBI memo. The keynote speaker at the conference was Sheikh Muhammed Siyam, introduced as head of Hamas's military wing. Siyam told the crowd: "Finish off the Israelis. Kill them all. Exterminate them. No peace ever."

§         As chairman of HLF, Mezain "undertook a three-week fund-raising trip to Brazil and followed up on HLF activities there," according to the December 1993 issue of HLF's newsletter. (According to a report about terrorism financing prepared for the U.S. Department of Justice, "Ayman Ghotme, who has also been a fundraiser in the Tri-Border Area [of Brazil, Argentina and Paraguay] for the Holy Land Foundation" headed a local Hamas cell.)

§         Cousin of Hamas leader Musa Abu Marzuq.

§         El-Mezain was acquitted of all charges, except for count one: conspiracy to provide material support for a terrorist organization, on which the judge declared a mistrial.

Mufid Abdulqader: Top fundraiser.

§         Abdulqader was a project manager with the Dallas Public Works and Transportation Department and oversaw the construction of a neighborhood development project in Oak Hills, Texas, in 2001.

§         He is the half brother of Khalid Mishal, a Hamas leader.

Abdulrahman Odeh: Director of HLF East (New Jersey)

§         Several media accounts mention that Odeh's office wall was decorated with grisly photos of victims from the 1994 Hebron massacre, in which a radical Jewish settler opened fire in a mosque, killing 29. In a July 2000 interview that "some of the orphans that we are supporting are the children of Hamas martyrs."

Haitham Maghawri: Executive Director and social services coordinator.

§         Fled the U.S. before the government submitted the HLF indictments in July 2004.

§         One of three HLF leaders to attend the Philadelphia meeting with Hamas activists in October 1993.

§         Maghawri was sent by HLF to bring money to the nearly 400 Hamas activists Israel expelled to south Lebanon in 1992, according to Shukri Abu Baker.

§         As part of a 1990 attempt to gain political asylum in the United States (he claimed he was being persecuted for his religion by Amal, a Shiite militia), Maghawri told the Immigration and Naturalization Service that he had been arrested several times in Lebanon, once for placing a car bomb. His asylum request was denied; he subsequently married a U.S. citizen and obtained permanent residency status.

Akram Mishal: Director of projects and grants

§         Fled the U.S. before the government submitted the HLF indictments in July 2004.

§         Cousin of Khalid Mishal, a Hamas leader.

The following charges were filed against all seven individual defendants and HLF.  All of the charges against the five individual defendants who stood trial and HLF ended in a mistrial, except in the case of Mohammed El-Mezain, who was acquitted on all counts except conspiracy to provide material support for a terrorist organization, which also ended in a mistrial:

§        One count of conspiracy to support a foreign terrorist organization (Hamas).

§        Eleven counts of providing support to a foreign terrorist organization (Hamas).

§         One count of conspiracy to deal in the property of a specially designated terrorist (Hamas).

§         Twelve counts of dealing in the property of a specially designated terrorist (Hamas).

§        One count of conspiracy to commit money laundering.

§        Twelve counts of money laundering.

Additional charges:

§        One count of conspiracy to impede the Internal Revenue Service was filed against Shukri Abu Baker and Ghassan Elashi.

§         One count of filing a false tax return for a nonprofit organization was filed against Shukri Abu Baker and two counts against Elashi.

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