Holy Land Foundation for Relief and Development (HLF)
The Holy Land Foundation for Relief and Development (HLF) was once the largest Islamic charity in the United States, founded in 1989 and based in Richardson, Texas. Initially established to provide humanitarian assistance to victims of conflicts in Palestine, HLF became embroiled in controversy when the U.S. government accused it of financially supporting Hamas, a Palestinian organization designated as a terrorist group. This led to federal investigations and the eventual closure of HLF in December 2001, following asset seizures and raids on its offices.
In 2004, several key figures associated with HLF were indicted on charges related to terrorism financing and money laundering. A complex legal battle ensued, culminating in convictions in 2008 for supporting a designated terrorist organization. The organization and its leaders claimed their actions were purely charitable, aimed at aiding those in need, while the government argued that HLF's funds were funneled to Hamas, including support for the families of suicide bombers. The case drew significant attention, raising concerns about due process and the validity of evidence used in the prosecutions. The legacy of HLF remains contentious, reflecting broader debates about charity, political affiliations, and terrorism in the context of the Israeli-Palestinian conflict.
Holy Land Foundation for Relief and Development (HLF)
Summary: The Holy Land Foundation for Relief and Development (HLF) was once the most prominent Islamic charitable organization in the United States until it was closed by federal authorities in December 2001. The government accused HLF of supporting the Islamist organization Hamas, which operates in the West Bank and Gaza Strip, by providing $12 million to the group. In 2004, the federal government indicted seven men linked to HLF on a variety of charges, including supporting a designated terrorist organization. Two of these individuals had previously left the United States. After one mistrial in October 2007, the five defendants and the organization were convicted in November 2008. In May 2009, they were sentenced to prison terms ranging from ten to sixty-five years.
Territory: United Statesheadquarters in Richardson, Texas.
Religious affiliation or political orientation: A Muslim charity accused by the federal government of being affiliated with Palestinian Islamist group Hamasa designated terrorist organization.
Founded: in 1989 in Los Angeles under the name Occupied Land Fund, it is a registered charitable organization to aid Muslim victims of the Palestinian uprising against the Israeli occupation of the West Bank and Gaza Strip. Changed name to Holy Land Foundation in 1991.
Stated goal: "To find and implement practical solutions for human suffering through humanitarian programs that impact the lives of the disadvantaged, disinherited, and displaced peoples suffering from man-made and natural disasters."
Key leaders: Shukri Abu Baker, co-founder, president, and chief executive officer. Ghassan Elashi, co-founder, chairman, and former executive director.
Alliances: Accused by the U.S. of being allied with Hamas.
Activities:
- 1991: Changes name to Holy Land Foundation for Relief and Development.
- 1993: Headquarters move to Richardson, Texas.
- December 4, 2001: President Bush announced that the FBI and Treasury Department moved to seize HLF assets and raid HLF officesTreasury Secretary Paul O'Neill named HLF as a "Hamas-operated organization."
- July 2004: Federal government indicts seven men affiliated with HLF, including two co-founders. They are charged in federal court with money laundering and aiding Hamas, specifically channeling money to families of suicide bombers. HLF denies all charges. The trial of five defendants began in July 2007two others left the United States before being indicted.
- October 2007: Federal Judge Joe Fish declares a mistrial after the jury acquits some defendants on some charges and reports it is deadlocked on others.
- November 2008: In a second trial, the five defendants and HLF were convicted on a total of 108 charges that included supporting terrorism, money laundering, and tax fraud. At the core of the case was funneling millions of dollars to Hamas, designated as a terrorist organization in 1995.
Most recent status: In May 2009, two founding members of Holy Land Foundation, Shukri Abu Baker, fifty, and Ghassan Elashi, fifty-five, were each sentenced to sixty-five years in prison. Three other men were also sentenced in MayMufid Abdulqader to twenty years in prison, Mohammad El-Mezain, to fifteen years, and Abdulrahman Odeh to fifteen years.
Before the federal government closed the Holy Land Foundation for Relief and Development (HLF) in December 2001, it was the largest Muslim charity in the United States. Since its incorporation in 1992, it raised a total of $57 million, but according to the federal government, it reported only $36.2 million to the IRS.
On December 4, 2001, federal agents seized the charity's assets and raided its headquarters in Richardson, Texas, as well as its offices in San Diego, Paterson, New Jersey, and Bridgeview, Illinois.
In 2004, federal indictments accused the organization's two founders and three other men of diverting large sums of charitable contributions to Hamas. Hamas is an organization based in Palestinepredominantly in Gazawhich the U.S. government first designated as a terrorist organization in 1995. Support activities done on its behalf in the United States are illegal.
HLF was not accused of conducting terrorist activities in its own right but rather of serving as a fund-raiser for Hamas in the United States. In addition to political infighting with Fatah and directing attacks on Israeli territory from Gaza, Hamas also sponsors charitable operations. Defenders of HLF said the group helped finance these activities rather than terrorism. Federal law bars aiding any group designated as a terrorist organization with "fungible support."
Federal officials also conceded that HLF had channeled contributions to domestic charitable causes, such as a food bank in Paterson, New Jersey, as well as victims of tornadoes in Texas, floods in Iowa, and the terrorist bombing of the Murrah Federal Building in Oklahoma City, and Muslim victims of wars in Bosnia and Kosovo. A report by CNN at the time of the 2001 raids on HLF offices said that "Treasury officials conceded that a 'substantial amount' of the money raised does go to worthy causes, but insisted that Holy Land's primary purpose has been to subsidize Hamas."
An example of the complexity in dealing with charitable contributions to Palestinian areas is schools in the Palestine Authority, where suicide bombers are praised and, according to some reports, children play with pretend suicide vests. Some analysts believe such activities encourage young students to engage in terrorism, including suicide bombings. Some charitable contributions to Hamas are also reported to go to the widows and children of suicide bombers, also serving to facilitate such activities.
Defense lawyers for HLF said the group did not condone terrorism but was limited to charitable acts, including funding education. According to the government, a key link between HLF and Hamas was a series of "zakat committees," charitable groups controlled by Hamas and set up to circumvent the American ban on funding Hamas. A key government witness to ties between Hamas, the zakat committees, and HLF was an Israeli intelligence agent who was allowed to testify anonymously in the first trial in 2007.
The five HLF leaders convicted in November 2008 were:
- Shukri Abu Bakera co-founder and one-time president and chief executive, later sentenced to sixty-five years in prison.
- Ghassan Elashia co-founder, former chairman, and treasurer, sentenced to sixty-five years in prison.
- Mohammed El-Mezaina co-founder and former chairman, sentenced to fifteen years in prison.
- Mufid Abdulqadera half-brother of the political leader of Hamas, Khaled Mashal, sentenced to twenty years in prison.
- Abdulrahman Odehformerly HLF's representative in New Jersey, was sentenced to fifteen years in prison.
Lawyers for the defendants announced they would appeal the convictions.
Two other men indicted in the HLF case had left the United States before indictments were handed down in 2004 and did not stand trial. They were Haitham Maghawri, a former executive director, and Akram Mishal, the former grants director.
Though the lawyers for the defendants attempted to appeal their case, it was denied in 2012, and the Supreme Court declined to hear the case. Members of the legal community have criticized the case as constitutionally questionable precisely because of the validity of the evidence used in the convictions and for relying on hearsay in testimony.
Detractors of the U.S. government's action, such as the American Civil Liberties Union (ACLU), have indicated the convicted members and the charity were denied due process. These groups have called into question the validity of the evidence used to prosecute the individuals, some of which were provided by the Israeli government. The ACLU has also termed the severity of the sentences to be "draconian."
In 2006, Hamas won elections over the Palestinian Authority to take control of the government. Afterward, Hamas fighters drove supporters of its main rival, Fatah, out of the Gaza Strip.
In 2022, Shukri Abu Baker's daughter produced a documentary about the group Holy Land 5. Noor Abdulqader, the daughter of Elashi Abdulqader, continued to operate an organization called "Free the Holy Land Five."
On October 7, 2023, Hamas members in Gaza launched a devastating surprise attack on Israel. Emerging from Gaza strongholds such as tunnels, Hamas breached Israel's wall complex that separated Israeli citizens from Palestinians. Hamas attacked both Israeli military targets and civilian communities. Hamas inflicted approximately 1,200 civilian deaths and took approximately 250 Israeli hostages. A number of these hostages were Israeli-Americans. Israel proceeded to launch military operations in Gaza to destroy Hamas. Media reports suggested Israeli military attacks on Palestinian civilians had resulted in over 40,000 deaths by mid-2024.
Bibliography
Boxerman, Aaron. "What We Know About the Death Toll in Israel From the Hamas-Led Attacks." New York Times, 12 Nov. 2023, www.nytimes.com/2023/11/12/world/middleeast/israel-death-toll-hamas-attack.html. Accessed 22 Aug. 2024.
Essa, Azad and Umar A. Farooq. "Holy Land Five: Rights Groups, Families Demand Release over ‘Miscarriage of Justice’." Middle East Eye, 24 Nov. 2024, www.middleeasteye.net/news/holy-land-five-rights-groups-families-demand-release-over-miscarriage-justice. Accessed 23 Aug. 2024.
"Factsheet: Holy Land Foundation." Georgetown University, 27 Jan 2020, bridge.georgetown.edu/research/factsheet-holy-land-foundation. Accessed 23 Aug. 2024.
"Federal judge hands downs sentences in Holy Land Foundation Case." Department of Justice, 27 May 2009, www.justice.gov/opa/pr/federal-judge-hands-downs-sentences-holy-land-foundation-case. Accessed 23 Aug. 2024.
"U.S. v. Holy Land Foundation for Relief Dev." Casetext, 2024, casetext.com/case/us-v-holy-land-foundation-for-relief-dev. Accessed 23 Aug. 2024.
"What Is Hamas and Why Is It Fighting with Israel in Gaza?" BBC, 5 Apr. 2024, www.bbc.com/news/world-middle-east-67039975?0=utm‗source=ground.news. Accessed 23 Aug. 2024.