Federal Register 5081 S ecially eciall Desi Desi nated Terrorists (SDT) (or S pecially Specially Specially Designated Designated Global Global lobal

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1 Criminal Prosecution of Terrorism Cases Barry Jonas U.S. Department of Justice Counterterrorism Section

2 Foreign Terrorist Organizations ations A Foreign Terrorist Organization (FTO) -An Organization -That is Foreign -Engages in Terrorist Activity it -The Terrorist Activity Threatens the Security of U.S. Nationals or the National Security of the U.S. 8, U.S.C., 1189

3 Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Presidential Documents 5081 ANNEX Specially Designated Terrorists TERRORIST ORGANIZATIONS WHICH THREATEN TO DISRUPT THE MIDDLE EAST PEACE (SDT) PROCESS Abu (or Nidal Specially Organization (ANO) Designated Global Democratic Front for the Liberation of Palestine (DFLP) Hizballah Terrorists) Islamic Gama at (IG) Islamic Resistance Movement (HAMAS) Jihad Kach Executive e Order Kahane Chai Palestinian Islamic was Jihad-Shiqaqi original faction (PIJ) Palestine Liberation Front-Abu Abbas faction (PLF-Abu order Abbas) Popular Front for the Liberation of Palestine (PFLP) Popular Front for the Liberation of Palestine-General Command (PFLP GC) [FR Doc Filed ; 10:10 am] Billing code P

4 CRIMINAL V. INTEL INVESTIGATION SUBPOENAS/NSL s SEARCH WARRANTS TITLE III/FISA FOREIGN GOVERNMENT REQUESTS WITNESSES/SOURCES

5 Overseas Evidence MLATs, Letters Rogatory, Patriot Act Subpoenas, Bank of Nova Scotia Subpoenas, Law Enforcement Requests

6 WAYS TO IDENTIFY - WITNESSES

7 TRIAL USE OF CLASSIFIED INFORMATION ITEMS MUST BE DECLASSIFIED USE OF FOREIGN GOVERNMENT INFORMATION MAY NEED WITNESSES TO AUTHENTICATE

8 UNITED STATES V. THE HOLY LAND FOUNDATION A JACKS/JONAS/SHAPIRO BURNS/MIRANDA/WARD/LEWIS PRODUCTION

9 Holy Land Foundation for Relief & Development ( HLF ) Founded in 1988 Largest Muslim Charity in United States Closed in December 2001 when declared to be Specially Designated Terrorist organization Indicted in July 2004 for providing material support to HAMAS

10 HLF THE CRIMINAL CASE BEGINS CRIMINAL CASE BEGINS RIGHT AFTER DESIGNATION CRIMINAL CASE ENCOMPASSES SEVERAL CASES STARTED SMALL AND WORKED OUR WAY UP

11 INFOCOM INTERNET SERVICE PROVIDER AND EXPORTER OF COMPUTERS SISTER COMPANY TO HLF OWNED AND OPERATED BY ELASHI BROTHERS INCLUDING GHASSAN ELASHI, A FOUNDER OF HLF

12 SAMMY ELASHI RELATED TO INDIVIDUALS WHO RAN HLF COMMITTED ORDINARY WHITE COLLAR OFFENSES PROSECUTED FIRST TO TRY TO GET TO COOPERATE PLED GUILTY RECEIVED 4 YEAR SENTENCE

13 INFOCOM 1 - EXPORTING COMPUTERS TO STATE SPONSORS OF TERRORISM - SHIPPED COMPUTERS TO COUNTRIES DESIGNATED AS STATE SPONSORS OF TERRORISM SYRIA & LIBYA -DESIGNATIONS U.S. LAW AND U.N. SANCTIONS -DEFENDANTS SHIPPED COMPUTERS TO LIBYA THROUGH MALTA

14 Investigative Team - NTJTTF

15 INFOCOM 2 DEALING IN THE PROPERTY OF A SDT MOUSA ABU MARZOOK- DEPUTY POLITICAL CHIEF OF HAMAS RELATED TO ELASHI BROTHERS PROVIDED SEED MONEY FOR INFOCOM AND HLF DESIGNATED AS A SDT IN 1995 INFOCOM SENT MONTHLY PAYMENTS TO HIM, ADDRESSED TO WIFE

16 INFOCOM 2 DEALING IN THE PROPERTY OF A SDT

17 HLF - Allegations HLF provided funding to Social Wing of Hamas through payments to Zakat Committees. Money was used to support families of suicide bombers, prisoners and others who were involved in terrorist activities Money also used to indoctrinate children into Hamas way of life

18 HAMAS STRUCTURE Political Military / Izz al-din al Qassam Brigades Social / Dawa

19 The Life Cycle The Life of a Cycle Typical Hamas of Activist Hamas a Hamas Activist in Light of the Dawa Hamas Funds Monthly payments to the families of activists who were killed Reimbursing prisoners and their families Kindergartens The Dawa Infrastructure Summer Camps Health Care Assisting the Needy Recruitment to Military Wing Universities A pool for recruiting military activists Mosques Mosques

20 INDICTMENT CHARGES Charges: Conspiracy to Provide Material Support to a Foreign Terrorist Organization (FTO) Providing Material Support to a Foreign Terrorist Organization (FTO) Conspiracy to Provide Funds, Goods and Services to a Specially Designated Terrorist (SDT) Providing Funds, Goods and Services to a Specially Designated Terrorist (SDT) Conspiracy to Commit Money Laundering Money Laundering

21 INDICTMENT CHARGES (cont d) 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: As a result of committing one or more of the money laundering or monetary transaction offenses in violation of T18, USC, Section 1956, the defendants forfeit all property, real and personal, involved in the money laundering or monetary transaction offenses equal to the sum $12,400,000 in United States currency.

22 Government Witnesses Matt Levitt Marciel Peredo Paul Matulic Steve Simon Alex Shafik Lara Burns Rob Miranda Joe Hummel Bruce Hoffman Matt Levitt Steve McGonigle Dawn Goldberg Bob McBrien Mohammad Shorbagi Major Lior Jackie Northrup Lara Burns Avi

23 PART ONE PAINTING THE PICTURE SHOWING THE DEFENDANTS AFFILIATION WITH HAMAS

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26 Documents Ashqar Search 1

27 Elbarasse Search-32, Clip F

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29 Mushtaha Search 1

30 P hi lly M e et in g

31 Philly Meeting Shukri Abu Baker: I swear by your God that war is deception. War is deception. We are fighting our enemy with a kind heart and we never thought of deceiving it. War is deception. Deceive, camouflage, pretend that you re leaving while you re walking that way. Or do we have to be UI. Deceive e your enemy. Omar Ahmad: UI. This is like one who plays basketball; he makes a player believe that he is doing this while he does something else UI. I agree with you. Like they say; politics is a completion of war. Shukri Abu Baker : Yes politics like war is Shukri Abu Baker : Yes, politics like war is a deception

32 L.L.P.O.F.

33 Baker Wiretap 2 (Gayle & Shukri) GA: You know, that so you re saying that even if, even if, ah, ah, ah, a Holy Land Foundation leaders ah, appeared at conferences, you know, with people who are supporting Hamas and who were very, you know, much in favor of, of armed jihad and things like that. That just because y all sponsored the conference and the speakers spoke there that doesn t mean that you were sending the money? Is that what you are saying? SB: Well, we, we didn t sponsor any speakers from Hamas to start with.

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36 Phone Phone Calls Calls

37 PART TWO- SHOWING FINANCIAL SUPPORT FOR HAMAS PART TWO- SIDE 1- EVIDENCE OBTAINED IN U.S.

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39 Bank Records Bank of Nova Scotia Subpoenas Foreign Bank has U.S. Branch Grand Jury Subpoena Served on U.S. Branch Bank required to get records from overseas Only used if MLAT or Letter Rogatory would not be successful If banks refuse to comply, py, need to go to Court to compel.

40 Bank Records - Patriot Act Subpoenas Foreign Bank Does Not have a U.S. Branch but has Correspondent Account Administrative Summons Served on U.S. Representative ti of Foreign Bank Bank required to get records from overseas Only used if MLAT or Letter Rogatory would not be successful If Bank does not comply, Attorney General or Sec. of Treasury can order the correspondent account closed

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43 E X C E R P T O F S H A B I B Gaza Nablus Jenin Tolkarem and Qalqilya

44 Don t Take our word for it, Take Theirs Many of the individuals identified by expert witnesses and FBI agents as HAMAS members, have also been identified by senior HAMAS leaders and by the HAMAS members in the United States. Look at what they had to say: 1. Khalid Mishal s 2003 interview 2. The Palestine Committee 3. The deportees to Maj Al Zahour 4. Ismail Haniya interview 5. Azzam Tamimi 6. Odeh s Book published by UASR 7. El Mezain s Faxes from IAP 8. Middle East Affairs Journal, published by UASR

45 Mishal:...the American ears are listening now, but look for those whom you trust and they will get the money to Hamas, God willing. So, Hamas supporters and its assistants are all over the world, thank God. Our souls will not be incapable and the money is ours, God willing. Elbarasse Search 33

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48 HAMAS Deportees HLF Search 70 Clip C

49 HLF Search 70 Clip B Ghazi on his trip to the United States and Canada as well as the MAYA convention which he attended: Ghazi: The speech of Doctor Mahmoud Zahar was presented, uh, as well, and after that, the brothers...er, in the Holy Land Foundation, the brother Sheikh Mohamed Elmezain, who sends his greetings to you... All: May God greet him. UM: Abou Ibrahim Ghazi:... Abou Ibrahim, may God reward him well, and brother Shukri Abou Baker...er, asked me to make a tour to a number of states. I started it in Dallas, and after that in...er, New Orleans in Louisiana, and after that in Milwaukee, and we went from Milwaukee to Madison, and after that to Indiana, and from Indiana to Washington, and from Washington to...er,new Jersey in... UM: Washington the state. Ghazi: Washington the ci.., the capital.

50 PART TWO - SIDE 2 EVIDENCE OBTAINED FROM EVIDENCE OBTAINED FROM GOVERNMENT OF ISRAEL

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52 The Hebron Document

53 Islamic Society of Gaza

54 Who is Financing Hamas?

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56 Defenses Charity photos of wide-eyed children Oklahoma City and Red Cross Time frame don t consider historical evidence Brutal Israeli Occupation USAID/State support for zakat committees Jamil Hamami USIS visit to U.S. Committees were licensed Committees not on OFAC SDN list No one would guide us in our desire to follow law

57 HLF/Ramallah Zakat Aid to Martyrs Families Mosleh:...the U.S..., it is the child Mahmoud Abdel Rauf Hammad. UM: Hamed, Hamed. Mosleh: Yes. It is the child Mahmoud Abdel Rahim Hamed from Silwad, er...what is your name, my beloved? Mosleh: Do you, er..., remember your father? Huh? UM2: Do you know your father? Mosleh: Wasn't he martyred? The Jews killed him? Huh? UM: Yes. [Caption on the poster] Zakat and Alms Committee Orphan Sponsorship Program Holy Land Foundation for Relief & Development [End of caption] Mosleh: Let your voice be heard, say yes or no. The Jews killed him? Huh? Of course you love your father, isn't that so? And, of course, one of those days you are going to grow up and you will keep remembering who killed him, isn't that t so? And why they killed him, right? Isn't that so? Mosleh: And Mahmoud is the oldest child of the martyr Abdel Rauf Hamed who was killed at the hands of occupying soldiers while er.., he was performing his duty on the land of steadfastness, Palestine

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59 Sentencing Shukri Abu Baker 65 years Ghassan Elashi 65 years Mohammad El-Mezain 15 years Mufid Abdulqader 20 years Abdulrahman Odeh 15 years

60 APPLAUSE!!!