Links To Hamas Controversy
The United States Department of the Treasury blocked accounts of KindHearts pending investigation, an NGO operating out of Toledo, Ohio, to ensure the preservation of its assets pending further investigation.
To date, more than 42 months after the Government's action, neither KindHearts, officer, has been charged, let alone convicted, with any crime. However, Chief Judge Carr of the Northern District of Ohio issued a 100-page Opinion wherein he found that the Government violated the constitutuional protections of the 4th and 5th Amendments to the Uninted States Constitution in failing to secure a warrant based on probably cause prior to the seizure and for failing to provide KindHearts with any semblance of due process. The Federal District Court went further and criticized the Government's delay tactics and subversive efforts relative to the information it relied upon in preliminarily and provisionally deciding to designate KindHearts as a Specially Designated Global Terrorist, as well as failing to respond to requests for basic information concerning the alleged evidence against KindHearts, failing to allow KindHearts from accessing the courts and employing attorneys to defend it using its own funds, and other substantial violations. See Chief Judge Carr's decision, Case No. 3:08CV2400, August 18, 2009, www.aclu.org/kindhearts. In essence, the Court found for the first time that the government cannot freeze an organization's assets without obtaining a warrant based upon probable cause. The court also found that the government must give the organization notice of the basis for freezing its assets and a meaningful opportunity to defend itself. KindHearts, according to its former members, was a non-profit, tax-exempt charitable entity that was registered with over 40 States to raise funds for the needy worldwide, without regard to race, color, national origin, political opinion or religious affiliation. With the stroke of the pen of a mid-level Treasury employee, KindHearts' short yet pervasive history of feeding the hungry, clothing the poor, providing clean drinking water for the thirsty, and supplying medical equipment and medicine to the sick, was shut down forever.
KindHearts has recently won a first of a kind victory when Chief Judge Carr of the Northern District of Ohio (federal court) ordered that the Government be prohibited from designating KindHearts as a Specially Designated Terrorist without first allowing KindHearts due process of law. On November 24, 2008, KindHearts filed its motion for partial summary judgment against the Government, which argued in effect that the Office of Foreign Assets Control's procedures were unconstitutional and in effect unAmerican.
Proponents of KindHearts' innocence assert that the charity was shut down by the Bush Administration as a political step in order to put further pressure on the Palestinians to accede to the Israeli version of the Middle East Peace Process since the Palestinian population as a whole would be left to suffer without any humanitarian aid and therefore the Palestinians would then come to their senses and not vote for Hamas in the next elections. The ultimate bearer of injury, proponents of KindHearts assert, are the children and needy individuals that were once supported by KindHearts. Proponents of KindHearts claim that the closure of KindHearts manifests the Bush Administration's unveiled policy of "guilt by association."
What follows below is the Government's claims against KindHearts which to this date have not been substantiated.
“KindHearts is the progeny of Holy Land Foundation and Global Relief Foundation, which attempted to mask their support for terrorism behind the facade of charitable giving,” said Stuart Levey, Treasury Under Secretary for Terrorism and Financial Intelligence. “By utilizing this specialized designation tool, we’re able to prevent asset flight in support of terrorist activities while we further investigate the activities of KindHearts.”
This action was taken pursuant to E.O. 13224, which is aimed at denying financial and material support to terrorists and their facilitators. The constitutionality of this executive order has been severely criticized by the Ninth Circuit Court of Appeals as it is applied to non-nation entities.
Following the December 2001 asset freeze and law enforcement actions against the Hamas-affiliated Holy Land Foundation for Relief and Development (HLF) and the al Qaida-affiliated Global Relief Foundation (GRF), former GRF official Khaled Smaili established KindHearts from his residence in January 2002. Smaili founded KindHearts with the intent to succeed fundraising efforts of both HLF and GRF, aiming for the new NGO to fill a void caused by the closures. KindHearts leaders and fundraisers once held leadership or other positions with HLF and GRF.
Read more about this topic: Kind Hearts For Charitable Human Development
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