Muslim charity defendants acquitted on one charge


By Lee Hammel TELEGRAM & GAZETTE STAFF
http://www.telegram.com/article/20071214/NEWS/712140389
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The defendants: Three former officials of Care International, a defunct
Muslim charity in Boston, including Shrewsbury resident Muhamed Mubayyid,
42, formerly of Westboro; Emadeddin Z. Muntasser, 42 of Braintree, and Samir
Al-Monla, 50, of Boston, both formerly of Worcester.

Background: All are charged with conspiracy to defraud the United States
from April 1993 to April 2003, by concealing material facts, and obstructing
and impeding the Internal Revenue Service.

Mr. Mubayyid also is charged with three counts of filing a false tax return
in connection with the government's contention that all three withheld
information that might have affected the IRS decision to grant Care
tax-exempt status.

They did not reveal that Care allegedly supported Muslim holy war and the
mujahedeen who fight it and that it allegedly was an outgrowth of the
Al-Kifah Refugee Center, a New York-based organization that has been tied to
the 1993 bombing of the World Trade Center in New York.         


 


BOSTON- Two defendants in a Muslim charity case were acquitted yesterday of
one of the eight charges filed in U.S. District Court. 

Emadeddin Z. Muntasser, 42, and Samir Al-Monla, 50, both formerly of
Worcester, were acquitted of obstructing the Internal Revenue Service. Judge
F. Dennis Saylor IV made the ruling on the motion by Susan R. Estrich, one
of Mr. Muntasser's lawyers, on the 21st day of the jury trial, which
continues today. 

Judge Saylor came close to also acquitting the defendants on a charge of
conspiracy to defraud the United States. "There's no doubt in my mind" that
Mr. Muntasser's filing for tax exempt status for Care International in June
1993 could support asking the jury to convict him "if there's another person
to have a conspiracy." 
 
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But the judge was not ready to accept the argument of David Duncan, another
Muntasser lawyer, that the other two defendants or unindicted
co-conspirators, Wassim Yassin or Mohamed Akra, knew that Mr. Muntasser
withheld information from the IRS when he filed for tax exempt status. 

But Assistant U. S. Attorney Aloke Chakravarty said Mr. Yassin and Mr. Akra,
directors of Care International, knew the object of Mr. Muntasser's filing -
to get undeserved tax exempt status - and the government does not have to
prove they knew the details of how he did it. 

Judge Saylor denied acquittal on the conspiracy charge "with no small degree
of reservation," adding, "I make no promise as to how I might rule on a
renewal" of the motion. 

He acquitted on the obstruction charge because the six-year statute of
limitations expired on the 2005 indictment for all but Muhamed Mubayyid, who
filed Care International's tax returns while serving as treasurer from 1997
to 2003. 

Assistant U.S. Attorney B. Stephanie Siegmann said that lies told to FBI
agents in 2003 - Mr. Al-Monla denying knowledge of a man who died while
fighting jihad and Mr. Muntasser denying that he made a trip to Afghanistan
- were part of the conspiracy to conceal Care International's non-charitable
activities. But Judge Saylor said that Care's tax status did not come up in
the FBI interviews and questioned how the defendants could have known they
were impeding the IRS. 

Judge Saylor said, "I was not swayed on the First Amendment argument" and
did not acquit on the false statement charges because he said freedom of
speech and the right to practice one's religion "does not permit the making
of false statements." 

Lawyers begin their defense today on charges of conspiracy and scheming to
conceal material facts; charges against Mr. Mubayyid of obstruction and of
three years of filing false tax returns for Care; and a charge of making a
false statement against Mr. Muntasser and Mr. Al-Monla. 

Michael C. Andrews, Mr. Mubayyid's lawyer, said he will renew his motion to
acquit because he said that after five weeks of trial, there is no evidence
that his client made false statements. 
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