Defense lawyers warned jurors yesterday not to be swayed in a trial that will involve talk of jihad, Muslim holy warriors, and extremist sentiments. They say that three former leaders of a defunct Boston-based Islamic charity who are on trial in federal court accused of tax fraud are being unfairly prosecuted for expressing unpopular political views in newsletters and on a website.
"The jury might say, I loathe their personal views, but this is America," said defense lawyer Charles McGinty, adding that it is not a typical tax fraud case, because it doesn't involve any allegations that the three men stole or illegally diverted money.
McGinty's client - Samir Al-Monla, 50, of Boston - and Emadeddin Muntasser, 42, of Braintree and Muhamed Mubayyid, 42, of Shrewsbury, are accused of conspiracy to defraud the government. Prosecutors allege that when the men were granted tax-exempt status for Massachusetts Care International, they failed to disclose to the Internal Revenue Service that the humanitarian organization also distributed publications promoting jihad and professed support for Muslim militants overseas.
"We expect you will hear that Care engaged in some charitable activities," Assistant US Attorney Donald L. Cabell told jurors during his opening remarks. But, he said that if the men had revealed that Care was also soliciting and expending funds to support the mujahideen or jihad, then the IRS "may have taken a closer look," instead of granting tax-exempt status after a cursory review.
"It's not about whether they had the right to publish a newsletter," Cabell said. "They did. It's not about whether they had the right to support jihad."
He said Care collected $1.7 million in donations between 1993 and 2003 without paying taxes on it. He said Muntasser, who created Care in 1993, also failed to disclose that the charity was an outgrowth of Al-Kifah Refugee Center in New York, a branch that had received "horrendous negative publicity" that same year in the
Defense lawyers accused the government of unfairly suggesting that Care sent money to Islamic militants fighting overseas, when the only support provided was in the form of writings in newsletters and online postings.
"The government is not going to prove that one nickel that came out of Care went to noncharitable purposes," said Norman Zalkind, the lawyer who represents Muntasser. Lawyers said the charity sent money to Muslim widows and orphans and victims of disaster all over the world.
Muntasser, who was born in Libya and emigrated to the United States at 16, "comes from a distinguished family of prime ministers, ambassadors, and diplomats," said Zalkind. Muntasser, a devout Muslim and father of four, owns Logan Furniture Co.
Zalkind said that Muntasser had operated a small Boston-branch of the Al-Kifah Refugee Center but broke away in 1993 and started Care because he was "getting fed up" with the New York branch and wanted to operate his own nonprofit. Muntasser served as Care's president until 1996.
Michael Andrews, a lawyer who represents Mubayyid, said Mubayyid, a native of Lebanon, is a devout Muslim who volunteered as treasurer of Care from 1997 to 2003 and kept scrupulous records that prove that no money was ever diverted from the charity to noncharitable causes.
Monla served as president of Care from 1996 to 1998. His lawyer, McGinty, scoffed at the government's assertion that the three men were part of a conspiracy to defraud the government, saying that Muntasser tried to fire Monla in 1996, but was overruled by other volunteers.
