jump to navigation search holy land foundation for relief and development type defunct founded 1989 headquarters richardson texas key people mousa mohammed abu marzook ghassan elashi website hlf.org the holy land foundation was the largest islamic charity in the united states . headquartered in richardson texas 1 it was originally known as occupied land fund . 2 in december 2001 the u.s. government designated hlf a terrorist organization seized its assets and closed the organization . in 2004 a federal grand jury in dallas texas charged hlf and five former officers and employees with providing material support to hamas and related offenses . the prosecution s theory was that hlf distributed charity through local zakat charity committees located in the west bank that paid stipends to palestinians who targeted israeli civilians or to their families if they committed suicide during the act ; that hamas controlled those zakat committees ; and that by distributing charity through hamas controlled committees hlf helped hamas win the hearts and minds of the palestinian people . the first trial in 2007 ended in the partial acquittal of one defendant and a hung jury on all other charges . at a retrial in 2008 the jury found all defendants guilty on all counts . the 2008 trial of the charity leaders was the largest terrorism financing prosecution in american history . 3 in 2009 the founders of the organization were given sentences of between 15 and 65 years in prison for funneling 12 million to hamas . 4 the organization s website stated our mission is to find and implement practical solutions for human suffering through humanitarian programs that impact the lives of the disadvantaged disinherited and displaced peoples suffering from man made and natural disasters . contents 1 designation as a terrorist organization 2 chronology of events 3 2007 trial 3.1 testimony and evidence 3.2 mistrial 4 2008 retrial and convictions 5 related groups 6 see also 7 notes 8 external links designation as a terrorist organization edit hlf originally known as the occupied land fund was established in california in 1989 as a tax exempt charity . in 1992 hlf relocated to richardson texas . it had offices in california new jersey and illinois and individual representatives scattered throughout the us the west bank and gaza . among the founders of the holy land foundation is mousa mohammed abu marzook a political leader of hamas who provided substantial funds to the holy land foundation in the early 1990s before hamas was designated a terrorist organization . hlf reported marzook s donations on its tax returns . marzook was deported from the us to jordan in 1997 . he was indicted on august 20 2004 by a us federal grand jury in chicago illinois . he and two other individuals were charged with a 15 year conspiracy to raise funds for terrorist attacks against israel . neither hlf nor any hlf officer was charged in the chicago indictment . in the year 2000 hlf raised over 13 million . according to the united states department of treasury hlf supported hamas activities through direct fund transfers to its offices in the west bank and gaza that are affiliated with hamas and transfers of funds to islamic charity committees zakat committees and other charitable organizations that are part of hamas or controlled by hamas members . the department of treasury also reported that hlf funds were used by hamas to support schools that served hamas s ends by encouraging children to become suicide bombers and to recruit suicide bombers by offering support to their families . 5 edward abington jr. former u.s. consul general in jerusalem acted as a defence witness and testified that during his daily cia briefings he had never been informed that hamas controlled the palestinian charity groups mentioned . the treasury department designated hlf as a terrorist organization on december 4 2001 under president bush s executive order 13224 bush . 6 the united states department of the treasury s office of foreign asset control designated hlf as a specially designated global terrorist 2 while the european union froze its european assets . 7 chronology of events edit it has been suggested that this section be split out into another article . discuss march 2015 screenshot of scanned check given to council on american islamic relations cair by the holy land foundation for relief and development on december 4 2001 following hlf s designation as a terrorist organization the assets of the organization were frozen by the fbi and treasury agents . treasury officials conceded that a substantial amount of the money raised went to worthy causes but insisted that holy land s primary purpose had been to subsidize hamas . repeated appeals to the courts by hlf to have the freeze lifted failed . 8 on july 3 2007 muslim legal fund of america agreed to fund the defense of the holy land foundation for relief and development against allegations by the government that the charity provided material support by providing basic necessities i.e. food clothing shelter etc. for palestinians under the israeli occupation . 9 on july 27 2004 a federal grand jury in dallas texas returned a 42 count indictment against the holy land foundation . 10 charges included conspiracy providing material support to a foreign terrorist organization tax evasion and money laundering . the indictment alleged that the holy land foundation provided more than 12.4 million to individuals and organizations linked to hamas from 1995 to 2001 when their assets were frozen . the indictment also named specific officers of the holy land foundation president shukri abu baker ; chairman ghassan elashi ; and executive director haitham maghawri and four others mohammad el mezain akram mishal mufid abdulqader and abdulraham odeh . five of the seven were arrested . maghawri and mishal have not been found and are considered fugitives . in december 2004 a federal judge in chicago ruled that the holy land foundation along with the islamic association of palestine and the quranic literacy institute was liable in a 156 million lawsuit for aiding and abetting the militant group hamas in the death of a 17 year old american citizen named david boim . 11 in 2007 this decision was reversed by the 7th circuit court of appeals in chicago . 12 on november 3 2008 the u.s. court of appeals for the seventh circuit in chicago upheld in large measure a 156 million award to the parents of david boim a 17 year old u.s. citizen murdered by members of hamas while visiting israel . the en banc court agreed with wlf that those who donate funds to a known terrorist group are responsible under u.s. law for the group s actions even if the donors contend that they only intended to support the group s humanitarian activities . 13 the court also rejected the 7th circuit panel s conclusion that there was not sufficient evidence to find hamas was responsible the teenager s death . 14 15 16 2007 trial edit the first hlf criminal trial began on july 23 2007 at the earl cabell federal building in dallas texas . on october 22 2007 judge joe fish declared a mistrial because the jurors were deadlocked . testimony and evidence edit during the 2007 trial the lawyers representing the foundation said that the justice department fabricated quotes and modified transcripts . 17 critics faulted much of the evidence given during the trial . for example over defense objection the government called two anonymous witnesses an israeli security agency employee who was known to the jurors and the defense as avi and an israeli defense forces officer who was known to the jurors and the defense as major lior . even the defense lawyers were not permitted to know the names of these witnesses . 18 the government did not allege that hlf paid directly for suicide bombings but instead that the foundation supported terrorism by sending more than 12 million to charitable groups known as zakat committees which build hospitals and feed the poor . the prosecution said the committees were controlled by hamas and contributed to terrorism by helping hamas spread its ideology and recruit supporters . 19 some of these charitable committees were still receiving us funding through the usaid programme as late as 2006 . none of the zakat committees was included on the treasury department list of designated terrorist organizations . mistrial edit after 19 days of deliberations the 2007 jury was unable to come to a definitive conclusion and the case ended in a mistrial . while 200 charges were filed against the defendants the jurors had acquitted on some counts and were deadlocked on charges ranging from tax violations to providing material support for terrorists . one defendant was acquitted of most of the 32 charges against him . the new york times reported the decision today is a stunning setback for the government there s no other way of looking at it said matthew d. orwig a partner at sonnenschein nath & rosenthal who was until recently united states attorney for the eastern district of texas . this is a message a two by four in the middle of the forehead orwig said . if this doesn t get their attention they are just in complete denial he said of justice department officials who he said may not have recognized how difficult such cases are to prosecute . 19 experts found the jury s inability to come to a definitive conclusion to be evidence of weakness in the government s ability to provide clear enough evidence against the charity . the la times reported that georgetown university law professor david cole said if the government can shut them down and then not convince a jury the group is guilty of any wrongdoing then there is something wrong with the process . 20 the whole case was based on assumptions that were based on suspicions said juror scroggins who added if they had been a christian or jewish group i don t think prosecutors would have brought charges against them . 20 2008 retrial and convictions edit the hlf retrial began on august 18 2008 . the prosecution again presented the two anonymous israeli witnesses avi and major lior . 21 in an effort to strengthen its unsuccessful presentation at the first trial the prosecution added testimony from former national security council staff member steven simon from treasury department official robert mcbrien and from mohamed shorbagi who had pleaded guilty to charges unrelated to hlf and was cooperating with the prosecution . the prosecution also placed into evidence documents that according to major lior the idf had recovered from the palestinian authority headquarters in ramallah during an idf operation in 2002 known as operation defensive shield . 22 on november 24 2008 the government obtained guilty verdicts on all counts against hlf and the five individual defendants in the retrial . hlf was found guilty of giving more than 12 million to support hamas . the charges on which the jury found the defendants guilty included conspiracy to provide material support to a foreign terrorist organization providing material support to a foreign terrorist organization and conspiracy to commit money laundering . today s verdicts are important milestones in america s efforts against financiers of terrorism patrick rowan assistant attorney general for national security said after the trial . this prosecution demonstrates our resolve to ensure that humanitarian relief efforts are not used as a mechanism to disguise and enable support for terrorist groups . the five convicted individuals were ghassan elashi former ceo shukri abu baker mufid abdulqader abdulrahman odeh and mohammad el mezain . abu baker was sentenced to 65 years . elashi also a member of the founding board of directors of the texas branch of the council on american islamic relations cair was sentenced to 65 years . el mezain former endowments director sentenced to