The federal government's padlocking of a Toledo-based Muslim charity was politically motivated after the Hamas party's legislative victory in Palestine, KindHearts' leaders said yesterday.
The charity's West Toledo offices were locked and its assets frozen by the Treasury Department Sunday while the government investigates KindHearts for alleged ties to Mideast terrorists.
"It's dirty politics," said Dr. Hatem Elhady, chairman of the board of KindHearts, which raised $5.1 million in 2004. "They do not like the way things are going in Palestine. They do not like the election results. But that is not our problem. Our problem is providing aid to people in desperate need of help."
The Hamas party, which gained control of the Palestinian legislature in last month's elections, is the political wing of Hamas, which the United States considers a terrorist group. Hamas' platform calls for the destruction of Israel, and President Bush has hinted that he may seek to cut off $150 million in aid to the Palestinians.
The Treasury Department on Sunday issued a statement alleging links between KindHearts and a number of individuals and groups with Hamas connections.
Dr. Elhady and Jihad Smaili, a Cleveland lawyer and member of the charity's board, rejected all such allegations.
"I know the government has listened to every conversation that we've made and traced every wire sent from KindHearts USA to Lebanon or Palestine," Mr. Smaili said. "They know exactly what's going on and that we haven't done anything wrong."
He said KindHearts deserves an opportunity to present its case in court, but the government bypassed that option by using an executive order, established after the 9/11 terrorist attacks, that "blocks" KindHearts while it is under investigation.
"There's no judge saying that there's enough evidence. What is your evidence? They don't have any," Mr. Smaili said.
A Treasury Department spokesman said there is no timetable for the investigation.
A lengthy probe would be disastrous for the Toledo-based charity, Dr. Elhady said.
"That's exactly their goal. They will take too long and nothing will come out of it, but by the time they decide something, everyone will forget about KindHearts," he said.
Stuart Levey, Treasury undersecretary for terrorism and financial intelligence, called KindHearts "the progeny of Holy Land Foundation and Global Relief Foundation, which attempted to mask their support for terrorism behind the facade of charitable giving."
Holy Land Foundation and Global Relief Foundation were U.S. Muslim charities shut down by the government in the wake of Sept. 11, 2001.
Mr. Levey said issuing an executive order to close the Toledo charity's offices and seize its funds enabled the government "to prevent asset flights in support of terrorist activities while we further investigate the activities of KindHearts."
Among the allegations against KindHearts is that the Toledo charity sent more than $250,000 to the Sanabil Association for Relief and Development, which the Treasury Department called "a Hamas-affiliated entity in Lebanon that was named [a specially designated global terrorist] in August, 2003."
Dr. Elhady and Mr. Smaili said KindHearts specifically chose Sanabil because it was not on the U.S. government's list of terrorist organizations at the time. KindHearts contracted with Sanabil to provide aid in refugee camps in Lebanon, and it was only after the contract expired that the United States put Sanabil on its terrorist list, they said.
Mr. Smaili also disputed the government's figures, saying that KindHearts sent Sanabil "no more than $115,000."
Dr. Elhady said "we know exactly" how the funds were spent by Sanabil. "We did not just give money. We gave it for specific projects, and we saw the results, and we have the receipts," he said.
Another government allegation cites KindHearts' association with Mohammed El-Mezain, who worked under contract to raise funds for the Toledo-based charity. Mr. El-Mezain was indicted by a federal grand jury in Dallas on charges of providing material support to Hamas, according to the Treasury Department.
"As soon as we found out that he was indicted - indicted, not convicted - we voided the contract," Mr. Smaili said. He said it's illegal to cancel a contract over allegations, but officials were willing to risk a lawsuit because "we did not want to do anything that could hurt KindHearts."
The Treasury Department also said Usama Hamdan, whom it described as a known terrorist and Hamas leader in Lebanon, "reportedly phoned a top fund-raiser for KindHearts" in September, 2003, and "reportedly communicated to the fund-raiser his gratitude for KindHearts' support."
Both Mr. Smaili and Dr. Elhady said they have never heard of Usama Hamdan and have no knowledge of the reported call.
An investigation by the U.S. Senate Finance Committee of 25 U.S. Muslim charities, including KindHearts, ended last year without any charges or allegations being reported.
KindHearts was founded in Toledo in 2002 after the government shut down the three largest U.S. Muslim charities.
The Toledo-based charity, with 10 fund-raisers across the country, grew quickly, raising $2.9 million in 2002, $3.9 million in 2003, and $5.1 million in 2004. It opened branch offices in Lebanon, the Gaza Strip, and Pakistan and was planning another one in Indonesia. Among its projects are providing school supplies to needy children, sending medicine and tents to quake victims in Pakistan, and helping hurricane victims in the southern United States.
An Islamic law called zakat requires Muslims to give to charity, but there are specific conditions for the funds. Dr. Elhady said Muslims prefer to give to Islamic charities, rather than mainstream nonprofits, because the funds are distributed in accordance with Islamic laws.
Mr. Smaili and Dr. Elhady said that because of the political climate of the post-9/11 era, KindHearts has gone out of its way to open its books to abide by all laws and guidelines. In December, he provided The Blade with copies of the 501(c)3 charity's tax records from 2002 to 2004.
Contact David Yonke at: dyonke@theblade.com or 419-724-6154.
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