Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Criminal Prosecution of Terrorism Cases Terrorism Cases Terrorism Cases Terrorism Cases Barry Jonas Barry Jonas Barry.Jonas@usdoj.gov Barry.Jonas@usdoj.gov U.S. Department of Justice U.S. Department of Justice p Counterterrorism Section Counterterrorism Section
Fo eign Te o ist O gani ations Fo eign Te o ist O gani ations Foreign Terrorist Organizations Foreign Terrorist Organizations A Foreign Terrorist Organization (FTO) A Foreign Terrorist Organization (FTO) -An Organization An Organization An Organization An Organization -That is Foreign That is Foreign -Engages in Terrorist Activity E E Engages in Terrorist Activity i i T T i t A ti it i t A ti it -The Terrorist Activity Threatens the The Terrorist Activity Threatens the Security of U.S. Nationals or the National Security of U.S. Nationals or the National Security of the U.S. Security of the U.S. 8, U.S.C., 1189 8, U.S.C., 1189
Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Presidential Documents 5081 Specially Designated Terrorists Specially Designated Terrorists p p y y g g ANNEX TERRORIST ORGANIZATIONS WHICH THREATEN TO DISRUPT THE TERRORIST ORGANIZATIONS WHICH THREATEN TO DISRUPT THE (SDT) (SDT) MIDDLE EAST PEACE PROCESS Abu Nidal Organization (ANO) Abu Nidal Organization (ANO) (or Specially Designated Global (or Specially Designated Global (or Specially Designated Global (or Specially Designated Global Democratic Front for the Liberation of Palestine (DFLP) Hizballah Terrorists) Terrorists) Islamic Gama’at (IG) Islamic Resistance Movement (HAMAS) Jihad Kach Executive Order Executive Order ecut ecut e O de e O de Kahane Chai Kahane Chai 12947 was original 12947 was original Palestinian Islamic Jihad-Shiqaqi faction (PIJ) Palestine Liberation Front-Abu Abbas faction (PLF-Abu order order Abbas) Abbas) Popular Front for the Liberation of Palestine (PFLP) Popular Front for the Liberation of Palestine-General Command (PFLP –GC) [ FR Doc. 95–2040 Filed 1–24–95; 10:10 am] Billing code 4810–31–P
CRIMINAL V. INTEL CRIMINAL V. INTEL INVESTIGATION INVESTIGATION INVESTIGATION INVESTIGATION SUBPOENAS/NSL’s SUBPOENAS/NSL s SUBPOENAS/NSL’s SUBPOENAS/NSL s SEARCH WARRANTS SEARCH WARRANTS TITLE III/FISA TITLE III/FISA TITLE III/FISA TITLE III/FISA FOREIGN GOVERNMENT REQUESTS FOREIGN GOVERNMENT REQUESTS WITNESSES/SOURCES WITNESSES/SOURCES
Overseas Evidence Overseas Evidence Overseas Evidence Overseas Evidence • MLATs, MLATs, MLATs, MLATs, • Letters Rogatory, Letters Rogatory, • Patriot Act Subpoenas, • Patriot Act Subpoenas Patriot Act Subpoenas Patriot Act Subpoenas, • Bank of Nova Scotia Subpoenas, Bank of Nova Scotia Subpoenas, • Law Enforcement Requests • Law Enforcement Requests Law Enforcement Requests Law Enforcement Requests
WAYS TO IDENTIFY WAYS TO IDENTIFY WAYS TO IDENTIFY WAYS TO IDENTIFY - - WITNESSES WITNESSES WITNESSES WITNESSES
TRIAL TRIAL TRIAL TRIAL USE OF CLASSIFIED INFORMATION USE OF CLASSIFIED INFORMATION USE OF CLASSIFIED INFORMATION USE OF CLASSIFIED INFORMATION ITEMS MUST BE DECLASSIFIED ITEMS MUST BE DECLASSIFIED USE OF FOREIGN GOVERNMENT USE OF FOREIGN GOVERNMENT USE OF FOREIGN GOVERNMENT USE OF FOREIGN GOVERNMENT INFORMATION INFORMATION MAY NEED WITNESSES TO MAY NEED WITNESSES TO MAY NEED WITNESSES TO MAY NEED WITNESSES TO AUTHENTICATE AUTHENTICATE
UNITED STATES V. UNITED STATES V. THE HOLY LAND THE HOLY LAND FOUNDATION FOUNDATION FOUNDATION FOUNDATION A JACKS/JONAS/SHAPIRO A JACKS/JONAS/SHAPIRO BURNS/MIRANDA/WARD/LEWIS BURNS/MIRANDA/WARD/LEWIS PRODUCTION PRODUCTION
Holy Land Foundation for Relief & D Development (“HLF”) l (“HLF”) • Founded in 1988 • Largest Muslim Charity in United States United States • Closed in December 2001 when declared to be Specially D Designated Terrorist i t d T i t organization • Indicted in July 2004 for y providing material support to HAMAS
HLF THE CRIMINAL CASE BEGINS CRIMINAL CASE BEGINS RIGHT AFTER DESIGNATION CRIMINAL CASE ENCOMPASSES SEVERAL CASES STARTED SMALL AND WORKED OUR WAY UP WAY UP
INFOCOM • INTERNET SERVICE PROVIDER AND EXPORTER OF COMPUTERS • SISTER COMPANY TO HLF SISTER COMPANY TO HLF • OWNED AND OPERATED BY ELASHI OWNED AND OPERATED BY ELASHI BROTHERS INCLUDING GHASSAN ELASHI A FOUNDER OF HLF ELASHI, A FOUNDER OF HLF
SAMMY ELASHI SAMMY ELASHI • RELATED TO INDIVIDUALS WHO RAN RELATED TO INDIVIDUALS WHO RAN HLF • COMMITTED ORDINARY WHITE • COMMITTED ORDINARY WHITE COLLAR OFFENSES • PROSECUTED FIRST TO TRY TO GET PROSECUTED FIRST TO TRY TO GET TO COOPERATE • PLED GUILTY – RECEIVED 4 YEAR SENTENCE
INFOCOM 1 - EXPORTING COMPUTERS TO STATE SPONSORS OF TERRORISM - SHIPPED COMPUTERS TO COUNTRIES SHIPPED COMPUTERS TO COUNTRIES DESIGNATED AS STATE SPONSORS OF TERRORISM – SYRIA & LIBYA OF TERRORISM SYRIA & LIBYA -DESIGNATIONS U.S. LAW AND U.N. SANCTIONS SANCTIONS -DEFENDANTS SHIPPED COMPUTERS TO LIBYA THROUGH MALTA TO LIBYA THROUGH MALTA
Investigative Team - NTJTTF
INFOCOM 2 – DEALING IN THE PROPERTY OF A SDT PROPERTY OF A SDT – • MOUSA ABU MARZOOK- DEPUTY POLITICAL CHIEF DEPUTY POLITICAL CHIEF OF HAMAS • RELATED TO ELASHI BROTHERS • PROVIDED SEED MONEY FOR INFOCOM AND HLF FOR INFOCOM AND HLF • DESIGNATED AS A SDT IN 1995 • INFOCOM SENT MONTHLY INFOCOM SENT MONTHLY PAYMENTS TO HIM, ADDRESSED TO WIFE
INFOCOM 2 – DEALING IN THE PROPERTY OF A SDT PROPERTY OF A SDT –
HLF - Allegations HLF Allegations • HLF provided funding to p g Social Wing of Hamas through payments to Zakat Committees. • Money was used to support families of suicide bombers prisoners and bombers, prisoners and others who were involved in terrorist activities • Money also used to • Money also used to indoctrinate children into Hamas way of life
HAMAS STRUCTURE Political Military / Military / Izz al Izz al- -Din al Din al Qassam Qassam Qassam Qassam Brigades Brigades Social / “Dawa”
The “Life Cycle” of a Hamas Activist The “Life Cycle” of a Typical Hamas Activist The “Life Cycle” of a Hamas Activist in Light of the Dawa Hamas Funds Monthly payments Kindergartens Summer to the families of Camps Camps activists who were activists who were killed Health Care Reimbursing The Dawa prisoners and p Infrastructure f Assisting the their families Needy Recruitment to Mosques q Military Wing Military Wing Mosques Mosques Universities A pool for recruiting military activists
INDICTMENT CHARGES Charges: • Conspiracy to Provide Material Support to a Foreign Terrorist Organization (FTO) • Providing Material Support to a Foreign Terrorist Providing Material Support to a Foreign Terrorist Organization (FTO) • Conspiracy to Provide Funds, Goods and Services to a Specially Designated Terrorist (SDT) Specially Designated Terrorist (SDT) • Providing Funds, Goods and Services to a Specially Designated Terrorist (SDT) • Conspiracy to Commit Money Laundering • Money Laundering
INDICTMENT CHARGES (cont’d) INDICTMENT CHARGES (cont’d) IRS Charges: IRS Charges: • Filing a False Return of an Organization Exempt from Income Tax • Conspiracy to Impede and Impair the Internal Revenue Service and to File False Return of an Organization Exempt from Income Tax Forfeiture: Forfeiture: • • As a result of committing one or more of the money laundering or As a result of committing one or more of the money laundering or As a result of committing one or more of the money laundering or As a result of committing one or more of the money laundering or monetary transaction offenses in violation of T18, USC, Section 1956, monetary transaction offenses in violation of T18, USC, Section 1956, the defendants forfeit all property, real and personal, involved in the the defendants forfeit all property, real and personal, involved in the money laundering or monetary transaction offenses equal to the sum money laundering or monetary transaction offenses equal to the sum money laundering or monetary transaction offenses equal to the sum money laundering or monetary transaction offenses equal to the sum $12,400,000 in United States currency. $12,400,000 in United States currency.
Government Witnesses Government Witnesses • Matt Levitt Matt Levitt • Matt Levitt Matt Levitt • Steve McGonigle • Marciel Peredo • Dawn Goldberg • Paul Matulic Paul Matulic • Bob McBrien • Steve Simon • Mohammad Shorbagi • Alex Shafik • Major Lior M j Li • Lara Burns • Jackie Northrup • Rob Miranda • Lara Burns Lara Burns • Joe Hummel • Avi • Bruce Hoffman
PART ONE PART ONE PAINTING THE PICTURE – SHOWING THE DEFENDANTS’ AFFILIATION WITH HAMAS AFFILIATION WITH HAMAS
Documents Ashqar Search 1
Elbarasse Search-32, Clip F
Mushtaha Search 1 Mushtaha Search 1
lly lly M et hi in P e g
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