Israel Matzav: Hamas-affiliated 'charity' sues US government

Saturday, October 11, 2008

Hamas-affiliated 'charity' sues US government

A Hamas-affiliated 'charity' whose funds have been frozen by the US government has filed suit in the United States District Court in Toledo, Ohio to try to free its funds.

Yesterday, KindHearts for Charitable Humanitarian Development Inc. filed a lawsuit in U.S. District Court in Toledo, in what attorneys called the first challenge of the government process used in designating organizations as terrorist groups. Listed as defendants are U.S. Secretary of Treasury Henry Paulson, Adam Szubin, director of the Office of Foreign Assets Control, and Attorney General Michael Mukasey.

The lawsuit asks that the freeze order on KindHearts’ assets be vacated so that the group can pay for its own defense. It also seeks for the court to declare the provision that allows funds to be frozen without explanation or review be ruled unconstitutional.

“Here you have a U.S. charity that has been frozen and shut down under the authority of a statute that has been historically applied to countries,” said Hina Shamsi, a staff attorney with the American Civil Liberties Union based in New York.

“All the elements of fairness that our system allows are missing here,” she said. “They’re being accused of something and given the vaguest reason based on secret evidence without giving them the opportunity to go before a neutral fact-finder.”

According to the 33-page lawsuit, the Office of Foreign Assets Control froze the assets of the nonprofit charity on Feb. 19, 2006. At the time, government officials cited the USA Patriot Act provision that authorizes assets to be frozen while an entity is investigated as a “Specially Designated Global Terrorist.”

Since freezing KindHearts’ funds, including about $1 million in bank accounts, the government had “provisionally determined” to designate the charity as a Specially Designated Global Terrorist.

Still, the group never officially was labeled with the terrorist designation, the lawsuit states. Yet, according to the complaint, the government has kept its assets frozen and has not given the group any meaningful way to challenge the possible designation.

Spokesmen from the U.S. Department of Justice and the U.S. Treasury Department said yesterday that they could not comment on pending litigation and that the government would respond appropriately in court.

Jihad Smaili, a representative of KindHearts, referred questions yesterday to attorneys.

To ensure that KindHearts is not designated as a terrorist organization prior to having its day in court, attorneys asked for a temporary restraining order to maintain the “status quo” until the judge can consider the merits of the case. Judge James Carr granted the request late yesterday.

But there are a couple of things you haven't been told about 'Kindhearts':

"KindHearts is the progeny of Holy Land Foundation and Global Relief Foundation, which attempted to mask their support for terrorism behind the façade of charitable giving," said Stuart Levey, Treasury Under Secretary for Terrorism and Financial Intelligence, in a 2006 statement announcing the move.

"Following the December 2001 asset freeze and law enforcement actions against the Hamas-affiliated Holy Land Foundation for Relief and Development (HLF) and the al Qaeda-affiliated Global Relief Foundation (GRF), former GRF official Khaled Smaili established KindHearts from his residence in January 2002," continued the statement. "Kindhearts leaders and fundraisers once held leadership or other positions with HLF and GRF."

Intelligence confirmed the connection between KindHearts and Hamas in Lebanon, the statement continued. The Treasury Department documented more than $100,000 sent to the Lebanon-based group between July and December in 2002, and another $150,000 was sent between February and July in 2003.

Half a million dollars in support was pledged at a fundraiser that was supposedly intended for a local mosque in Baton Rouge, Louisiana in October 2003 as well; however, the vast majority of funds collected was to be sent to Hamas overseas, noted government officials.

Are Khaled and Jihad Smaili brothers? Hmmm. And by the way, since when is Hamas based in Lebanon? Maybe they meant Hezbullah?