HLF VERDICT: GUILTY ON ALL COUNTS

By Matthew Levitt

The message sent by the verdict in this case is clear: the United States will neither allow itself to be used as a cash-cow by terrorist groups raising money here under the guise of legitimate charitable activity nor will it allow such groups to abuse the charitable sector by fraudulently raising funds for purportedly innocent causes and then using those funds to finance terrorism. Prosecutors and investigators deserve a tremendous amount of credit for achieving a significant victory against terrorism and for doing so under difficult circumstances, namely under the strict rules of evidence and with the burden of convincing a jury beyond a reasonable doubt in a public court of law.

As Justice Department prosecutor Barry Jonas argued in his closing arguments last week, the Hamas finances a “womb to tomb” support cycle for its followers and potential recruits through Hamas-affiliated charities that spread Hamas’ extremist ideology and build grassroots support for the group’s political, social and terrorist activities alike. I described the Hamas in much the same way in a 2004 article entitled “Hamas from Cradle to Grave.”

Over the past several years, investigators have uncovered just how systematically terrorist groups conceal their activities behind charitable, social, and political fronts. In particular, they have come to appreciate the crucial role played by charities, foundations, and individual donors, who funnel support to social service organizations. These same organizations effectively provide recruits, logistics, and cover for terrorists. Hamas offers a textbook example of such activity.

Indeed, the Holy Land Foundation and other charitable fronts like it have provided the financial means with which Hamas has so successfully radicalized Palestinian society. For a terrorist organization to have Hamas' spectacular success and influence, it needs to convert to its cause not only disaffected young men, but also children, women, and entire families. These groups are less likely to be attracted by the charms of a street militia, but they are easily reached -- and radicalized -- by the social services network.

As I argue in my book, “Hamas: Politics, Charity and Terrorism in the Service of Jihad” (Yale University Press, 2006), Hamas’ charitable and social welfare networks are both the secret to the group’s political and terrorist success as well as its Achilles heel. A strategic approach to Hamas should include not only disrupting the group’s operational capabilities, but also targeting its financial and logistical support networks. Front organizations like the Holy Land Foundation should be shut and prosecuted, to be sure, but such efforts must be complemented by serious efforts to fund and empower accountable, nonviolent Palestinian entities -- public and private alike -- to assume the responsibility for (and enjoy the resulting public support from) public works and social and humanitarian services should be a central goal of counterterrorism officials, peace negotiators, economists, and development experts alike. The international community could and should beat Hamas at its own game of providing social services to build grassroots support, though in this case support for moderation not extremism.

Beyond this specific case, the verdict is also a very significant win coming as it does on the heels of several less successful attempts to prosecute individuals and organizations raising funds for Palestinian terrorist groups in this country. For example, in 2005, Sami al-Arian was acquitted on most charges in a similar case in Tampa, Florida, but then pled guilty to conspiracy in providing funds or services to Palestinian Islamic Jihad. Similarly, two men charged with financing Hamas were acquitted in a Chicago case earlier this year, but were convicted on lesser terrorism-related charges. Abdulhalim Ashqar was convicted of obstruction of justice and criminal contempt and sentenced to 135 months in prison and a $5,000 fine. The other defendant in that case, Muhammad Salah, was sentenced to twenty-one months in prison for lying under oath in a civil trial concerning the murder of an American teenager in Israel by Hamas terrorists.

Now that the HLF and its senior leaders have been found guilty of all charges by a jury of their peers, prosecutors have not only an effective prosecutorial game plan but an important legal precedent upon which to build additional cases against terrorist financiers and facilitators based in the United States. Hamas, Islamic Jihad and Hezbollah supporters beware - you could be next.

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