A federal judge has thrown out the conviction and ordered the release of Samir Al-Monla, a former Islamic charity leader. Al-Monla was immediately released.
The same judge, US District Court Judge Dennis Saylor IV, partially overturned the sentence against two others, Emadeddin Muntasser and Muhammed Mubayyid, ruling that prosecutors failed to prove conspiracy and tax-related charges.
All three were convicted in January of conspiracy to dupe the US government into awarding tax exempt status to Massachusetts Care International, Inc., a now defunct non-profit organization.
The US government claimed that the organization hid its pro-jihad activities, though it did agree that the organization did some charity work. Additionally, the government alleges that the group did not disclose ties to the Al-Kifah Refugee Center, which was linked to the 1993 World Trade Center bombing.
On its application to the IRS, the organization described its mission as helping war orphans, widows and refugees in Muslim nations. Prosecutors argued that, in reality, the organization was a front from the beginning for pro-jihad activities. Judge Saylor ruled that there was “no proof of conspiracy at the beginning of creation of Care as a charity” and that the three did not conspire to lie to the IRS when in made application. As such, the conspiracy charges against the three were dropped.
While Muhammad Mubayyid’s conviction for tax conspiracy was overturned, his convictions for making false statements to federal officials and filing false tax returns remain. The convictions for filing false tax returns involve the failure to disclose the fact that the organization sent out newsletters which supported extremist organizations and have been considered pro-jihad. Unlike a federal income tax return, the return filed for tax-exempt organizations reports annual activities and financial statements and is considered an “information” return. All significant activities must be reported; the defense argued that the failure to include the information was not an intentional omission.
Mubbayid’s co-defendant, Emadeddin Muntasser, similarly did not see his conviction for lying to the FBI overturned. Both Muntasser and Mubayyid remain in jail.
Supporters of the men claim that the case would never have been raised if the charity had not had Muslim ties. Kathleen M. Sullivan, who was part of the team that challenged the initial court ruling, argued, “[n]ever before has there been a tax criminal prosecution for a charity failing to tell you that it’s sending out newsletters that somebody might not like.”
U.S. Attorney Michael Sullivan anticipates that the government will appeal. He had previously regarded the initial convictions as a blow against those who abuse tax laws to support extremism.
** Please note that the now-defunct charity mentioned in this post is not affiliated with CARE International, a charity that fights global poverty.
