Relevant Articles On KindHearts vs. Treasury
"KindHearts is not only blindfolded, but also has its hands tied behind its back."
-Judge James G. Carr, Chief Judge, U.S. District Court for the Northern District of Ohio, Oct. 26, 2009
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KindHearts Ruling Exposed Treasury Department's Unconstitutional Freezing of Muslim Charity Assets
Printer-friendly versionA recent ruling by a federal district court signifies an encouraging shift for Muslim charities in the United States. For many such non-profits, mere investigation by the Department of Treasury's Office for Asset Control (OFAC) into their humanitarian activities abroad has become a kiss of death.
Under the USA PATRIOT Act, Treasury's authority to designate organizations suspected of supporting terrorism as Specially Designated Global Terrorists (“SDGT”) pursuant to Executive Order 13224 was expanded to asset blockage pending mere investigation into whether an organization meets the standards for an SDGT. This authority enables OFAC to effectively shut down charities pre-emptively, leaving a cloud of suspicion over anyone affiliated in any way with their work (e.g., as donors, staff, or beneficiaries). Hence the ultimate question of whether a particular charity actually supports terrorism quickly becomes a moot point.
