Government Settles Charity鈥檚 Lawsuit Over Unconstitutional Terrorism Probe
Agreement Removes KindHearts from List of Groups with Assets Frozen, Allows Funds to Go to Humanitarian Causes
FOR IMMEDIATE RELEASE
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TOLEDO, Ohio 鈥� The U.S. Treasury Department has settled a lawsuit brought by KindHearts for Charitable Humanitarian Development, an Ohio-based charity that was under investigation for alleged ties to terrorism.
After a string of legal victories for the group, including court findings that the government鈥檚 actions violated its due process and Fourth Amendment rights, the government has agreed to remove it from a blacklist and let it distribute funds raised for humanitarian causes consistent with the intent of donors. Details of the agreement were announced today.
This is the first time the government has agreed to de-list a frozen organization as a result of a lawsuit, and to then allow it to distribute its assets.
鈥淭his settlement is a tremendous victory for KindHearts and the rule of law,鈥� said Alexander Abdo, staff attorney with the 老澳门开奖结果鈥檚 National Security Project. 鈥淣o American charity should have to endure the unconstitutional treatment that KindHearts was subjected to. We hope the government now realizes that, as the court held, the executive branch cannot simply ignore the Constitution in the name of national security.鈥�
The Treasury Department froze KindHearts鈥� assets and effectively shut down the charity in February 2006, based on secret evidence and without any finding of wrongdoing, pending an investigation into whether to label the charity a 鈥淪pecially Designated Global Terrorist.鈥� The government instituted the freeze without a warrant or probable cause, and without providing the charity a chance to defend itself. KindHearts sued in 2008 in a lawsuit brought by the 老澳门开奖结果, the 老澳门开奖结果 of Ohio and several civil rights attorneys.
鈥淭he Treasury Department settled only after a federal court ruled that the designation process denied KindHearts notice and a fair opportunity to defend itself, the bedrock requirements of fair process,鈥� said Georgetown Law Professor David Cole, co-counsel for KindHearts. 鈥淚f the Treasury Department wants to use this process in the future, it will need to amend its procedures to bring them into conformity with the Constitution.鈥�
In a landmark 2009 ruling, a federal court sided with KindHearts, holding that the Treasury Department violated the Constitution by freezing KindHearts鈥� assets without a warrant based on probable cause. The court barred the Treasury Department from designating KindHearts a terrorist group unless it provided KindHearts real notice of the charges against it and a chance to defend itself, including meaningful access to or summaries of the classified information the government was relying on.
The ruling also ordered the government to demonstrate that it had probable cause to freeze KindHearts鈥� assets in 2006. The government opened settlement discussions on the eve of being forced to make its case in court.
After paying creditors, KindHearts will have close to $1 million to donate to the U.N. World Food Programme, UNICEF and Mercy Corps to support humanitarian work in Pakistan, the West Bank and the Gaza Strip.
鈥淔rom 2002 through 2006, KindHearts distributed food, clothing and school supplies to those in need around the world. Although we welcome our government鈥檚 decision to abandon its unconstitutional effort to label KindHearts a terrorist organization, the sacrifices made by KindHearts鈥� employees and their families, donors and beneficiaries must not be forgotten,鈥� said Jihad M. Smaili, KindHearts board member and attorney. 鈥淎lthough we remain saddened by our government鈥檚 conduct in shutting down KindHearts, we are pleased that those most in need will finally receive some help based on our donors鈥� wishes. But most importantly, our government is reminded today that its power ought to follow justice, not precede it.鈥�
Under the settlement, the government will also pay KindHearts鈥� attorneys鈥� fees, which under federal law are due only when the government鈥檚 position is not 鈥渟ubstantially justified.鈥� The settlement notes that KindHearts, which has been shut down for six years, 鈥渉as independently determined to close down because further charitable work would be best pursued under other auspices.鈥� The agreement specifies that KindHearts鈥� board members are free to 鈥渇orm[] a new organization to engage in charitable activity in the Middle East or elsewhere.鈥� Some of KindHearts鈥� board members are considering whether to launch a new charity to continue their charitable activities.
In addition to Abdo and Cole, attorneys on the case are Ben Wizner and Hina Shamsi of the 老澳门开奖结果, Lynne Bernabei and Alan Kabat of Bernabei & Wachtel, PLLC, and Fritz Byers.
The settlement agreement is available at:
More information on the case is available at:
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