Impact on U.S. Nonprofits

List of U.S. charities designated, shut down or both by Treasury

in
Date: 
May 25, 2010

The legal authority for the Department of Treasury to designate a person or organization as a Specially Designated Global Terrorists (SDGT) or freeze assets "pending investigation" is based on laws providing for economic sanctions against foreign nations, going back to the Trading With the Enemy Act in 1917 and ending with the Patriot Act. 

U.S. Muslim Charities and The War on Terror: A Decade in Review

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Date: 
December 21, 2011
A December 2011 report published by the Charity and Security Network, U.S. Muslim Charities and the War on Terror: A Decade in Review, examines the challenges American Muslim charities have faced since 9/11 and how they have successfully responded. 

The report is an update to the OMB Watch March 2006 report, Muslim Charities and the War on Terror: Top Ten Concerns and Status Update. The update summarizes action by the U.S. government to shut down American Muslim charities since 2006, and gives updates on the status of litigation and other efforts by charities. It also details the unwarranted government investigation and surveillance of Muslim communities and charities. The report concludes by examining how the American Muslim charitable sector has addressed government scrutiny by implementing rigorous due diligence procedures, and educating politicians and the public to combat Islamophobia.
 

Peter King's Letter on HLF Case Inconsistent with Prosecutor’s Statement to Courts

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Date: 
April 25, 2011

A review of Holy Land Foundation (HLF) trial documents indicate government attorneys created the unindicted co-conspirator list as a legal maneuver, not for future criminal prosecution as Peter King’s April 15 letter to Attorney General Eric Holder suggests. A summary of two federal court decisions with background information about the unindicted co-conspirator list in the HLF case is available here. Federal courts have said the release of the list violated the due process rights of the groups listed.

Summary: Courts Rule Publication of Unindicted Co-conspirator List in Holy Land Case Violated Due Process Rights

in
Date: 
April 22, 2011
 
Since 2004 the criminal prosecution of the Holy Land Foundation (HLF) and its leaders for material support of terrorism has been, and continues to be, a long running legal battle. One unusual twist has been a May 29, 2007 filing by the prosecution that listed 246 individuals and entities as "Un-indicted Co-conspirators and/or Joint Venturers." In a break with DOJ policies, the list was not sealed and the names, which included most major U.S. Muslim organizations, were made public. Both the trial court in Dallas and the Fifth Circuit Court of Appeals ruled that the release violated due process rights under the Fifth Amendment.

Inconsistencies in Peter King Letter on Holy Land Unindicted Co-Conspirators List

in
Date: 
April 22, 2011

On April 15, 2011 Rep. Peter King (R-NY), chair of the House Homeland Security Committee, sent a letter  to Attorney General Eric Holder, Jr. accusing him of failing to prosecute unindicted co-conspirators in the Holy Land Foundation (HLF) case for political, rather than legal, reasons. He asked the Department of Justice (DOJ) to respond to questions about its decision making process by April 25.

What Happens to a Charity After an FBI Raid

in
Date: 
November 30, 2010

Case Study: Life & Relief and Development (LIFE)

On the eve of Ramadan in September 2006, the Federal Bureau of Investigations (FBI) conducted a raid on the Detroit area headquarters of Life for Relief and Development (LIFE). Without warning, they seized several computers containing the charity’s files, databases, e-mail correspondence and financial information. LIFE, the largest U.S.-founded Muslim American humanitarian relief and development organization, was told by the FBI that the raid was not related to terrorism and that the charity’s operations could continue as before. Despite the fact that no criminal charges filed, the raid triggered tremendous media scrutiny. This prompted LIFE’s local bank to withdraw its services, interrupting its humanitarian assistance programs. 

List of Holy Land Unindicted Co-conspirators Ordered Sealed, But Remains Available

in
Date: 
November 23, 2010

A Federal District Judge ruling from July 2009 said that a list of organizations involved with a charity shut down under the Bush Administration should not have been made public. The list contained the names of 246 individuals and organizations labeled “un-indicted co-conspirators” of the Holy Land Foundation (HLF). Judge Jorge Solis originally had the decision sealed after making it last year, but an appeals court in November 2010 ordered his decision unsealed.

ACLU Challenges Two Organizations Labeled "Unindicted Co-Conspirators"

in
Date: 
June 20, 2008
Author: 
OMB Watch

The American Civil Liberties Union (ACLU) and the ACLU of Texas filed a legal challenge in Dallas federal court to clear the names of two organizations, the Islamic Society of North America (ISNA) and the North American Islamic Trust (NAIT), named by the government as "unindicted co-conspirators" in its criminal case against the Holy Land Foundation (HLF). Government attorneys publicly identified them as co-conspirators before the HLF trial, even though neither organization was the subject of a criminal investigation or charged with any crimes. 

Bipartisan Policy Center’s Terror Threat Report: U.S. Slow to Counter Domestic Recruitment by Terrorists

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Date: 
September 16, 2010

“Fundamentally troubling” is how a report released on the eve of the ninth anniversary of the 9/11 attacks describes the U.S. government’s approach to the evolving terrorism threat. The September 2010 terror threat assessment,  written and released by the Bipartisan Policy Center’s National Security Preparedness Group, says that the U.S. has been slow to recognize and challenge the surge of homegrown terrorism and the inexpensive, but increasingly diverse array of attacks that has become the standard of al-Qaeda. It calls for countering recruitment by terrorist groups domestically and improving engagement with all levels of law enforcement and “ordinary Americans” to help prevent acts of terror.

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