DAR AL HARB - U.S.A. - MASSACHUSETTS

Lawyers ask for evidence in case of Islamic charity

BOSTON— A judge has taken under advisement defense requests to unseal evidence and information in the federal government’s case against two men accused of lying about the activities of an Islamic charity. U.S. District Court Judge F. Dennis Saylor IV listened to the arguments presented Friday by government prosecutors and defense lawyers.

Norman S. Zalkind, a lawyer for Emadeddin Z. Muntasser of Braintree, said the government has revealed at least three unindicted co-conspirators who allegedly gave money to overseas terrorist organizations on behalf of Care International Inc. The defense has asked that the government turn over evidence involving those unnamed conspirators, in addition to tax forms filed by various charities with the Internal Revenue Service.

Mr. Zalkind said Michael C. Andrews, lawyer for the other defendant, Muhammed Mubayyid of Shrewsbury, supported his position and that he was arguing for both men. “There is an unfairness with this kind of case,” Mr. Zalkind said. “Give us what you got.”

The defense said it wanted information that could be used against its clients, and tax documents of other charities that may have disclosed they were funding jihadi activities.

Mr. Muntasser and Mr. Mubayyid are awaiting trial on accusations of misleading the government about the activities of Care International Inc. Mr. Muntasser is also represented by Malick W. Ghachem, Harvey A. Silvergate, Susan R. Estrich and Elizabeth A. Lunt. Mr. Ghachem told the court Friday that after aggressive and costly efforts to obtain standard tax forms filed by nonprofit organizations, they have been told by the IRS that records beyond seven years are not publicly accessible.

U.S. prosecutors said turning over the requested files, if they exist, would entail scouring thousands of documents, placing “a significant burden on the government.”

Assistant U.S. Attorney B. Stephanie Siegmann said there was no evidence that the tax documents would help the case and called it “a fishing expedition.” Mr. Zalkind said the government was speculating on information the defense had gathered about other organizations.

Judge Saylor asked for Ms. Siegmann to talk with the IRS’ chief counsel to determine whether tax documents exist or if they are hard to obtain in the next two weeks.

“If you could make a couple of phone calls to figure out what we are talking about, then at that point I would feel more comfortable (making a decision),” Judge Saylor said. Also at issue is where the trial will take place.

Ms. Siegmann said that selecting a jury pool in Boston, where there may be more Muslims, shouldn’t be the reason for a transfer from Worcester.

...

Pertinent Links:

1) Lawyers ask for evidence in case of Islamic charity