As
Help The Needy Charity Trial Nears, Case Further Politicizes
By Madeleine
Baran
19 August, 2004
The NewStandard
In the eighteen months since Central New
York oncologist Rafil Dhafir was arrested and charged with violating
the US embargo against Iraq, he has been sitting in a Syracuse jail,
ignored by most of the national media, as prosecutors continue to add
charges threatening him with a maximum sentence of almost 300 years
in prison. Having been denied bail for a fifth time on August 16, it
appears Dhafir will remain behind bars until his September 27 trial
date.
Now that a new motion
for dismissal has attracted some attention, Dhafir's supporters are
hoping the case -- which some say is the most complicated and questionable
prosecution of a Muslim charity in the post-September 11 era -- may
be the last chance to see the case thrown out before it reaches trial.
Federal investigators
arrested Dhafir, a 56 year-old US citizen born in Iraq, in February
2003, after what they boasted was a three-year investigation into his
charity, Help the Needy. Dhafir, the organization's founder and president,
says Help the Needy sent humanitarian aid to Iraq, which was under severe
sanctions supported by the US government at the time. The flow of food
and medical supplies was severely restricted.
Prosecutors allege
that Dhafir passed at least $160,000 of the money raised by his charity
to friends and relatives in his home country, in violation of an act
prohibiting Americans from sending money to Iraq. Humanitarian aid in
other forms could be legally distributed with a license from the US
government. Help the Needy, like many other Iraq charities, had no such
license.
However, prosecutors
have not claimed that any of the Help the Needy donations funded either
the Iraqi government or terrorist groups. In fact, evidence uncovered
in a government investigation appears to indicate that money went toward
food and other supplies for needy families.
As the investigation
continued, links to terrorism never materialized, but prosecutors added
additional charges, including allegations that Dhafir filed a false
non-profit request with the IRS, billed Medicare for chemotherapy sessions
at his clinic when he was not present, and made false statements to
a medical auditor. In April, prosecutors charged Dhafir with using a
portion of Help the Needy money to purchase real estate in Syracuse.
Judges have now
denied Dhafir bail on five occasions, stating that the doctor, who has
strong ties to Central New York, is a "flight risk." Dhafir
has not been able to have private access to a lawyer because, he says,
his Muslim faith prohibits him from consenting to the requisite strip
sear. If he continues to refuse the search, he may not be able to attend
his own trial. Dhafir says he is not guilty of any of the charges.
Since his arrest
eighteen months ago, Dhafir's case has been an enigma. Unlike others
who have violated the embargo against Iraq, including members of the
peace group Voices in the Wilderness, Dhafir is facing serious prison
time. And, unlike other Muslims denied bail and facing potentially even
more serious charges, like Jose Padilla and Yaser Hamdi, Dhafir has
attracted little widespread attention or support.
Motion for Dismissal
In a motion filed July 29, Dhafir's lawyer, Deveraux Cannick, requested
that all charges against Dhafir be dismissed, based on claims that the
federal government targeted Dhafir for "selective prosecution."
The defense alleges that other concerned American citizens who have
also violated the embargo against Iraq have not been criminally prosecuted,
and have instead received small civil penalties.
In fact, the best-known
organization providing aid to needy Iraqis, Voices in the Wilderness,
has never been criminally charged, and has only received fines for its
numerous -- and very public -- violations of the embargo.
"Other people
did the same thing and they were treated differently, to say the least,"
said Dhafir friend and supporter Mohamed Khater. "Did any one of
them spend a day in jail? No."
The motion also
notes that 57 corporations have violated sanctions imposed on various
countries but also received only small fines, even though some companies
worked directly with the governments of the countries being punished.
The motion mentions a number of corporate fines, including $50,000 for
ExxonMobil's exports to Sudan and about $14,000 for ChevronTexaco's
deals with Cuban and Iraqi officials.
Such fines are common.
In 1995, for example, Halliburton paid $1.2 million to the US government
and $2.61 million in civil penalties for shipping oilfield equipment
to Libya in violation of a US trade embargo. Rather than receiving prison
sentences, corporate officials convicted of violating international
sanctions -- even on a relatively massive scale -- typically receive
monetary fines.
The defense argues
in the request for dismissal that "the government singled [Dhafir]
out for prosecution because of his race, religion and cultural background."
In a February interview
with The NewStandard, Dhafir expressed similar sentiments. "People
should realize that this is a trumped up charge," he said. "This
is part of a campaign against Muslims and Arabs."
Assistant US Attorney
Michael Olmsted said the motion lacked merit, and noted that members
of Voices in the Wilderness did not live in the same district, and therefore
would not be subject to prosecution by the prosecutors handling the
Dhafir case. He added that most activists tend to send supplies, not
money, and that he considers sending money to be a more serious offense.
"The attempt to restrain money going into Iraq is more urgent,"
he said. "You can't convert a pallet of penicillin into anything
else."
Dhafir maintains
that he only sent material aid to Iraq, never money.
Insinuations of
Terror Continue
David Weissbrodt, former member of the United Nations Sub-Commission
on the Promotion and Protection of Human Rights, believes the case could
fit into a larger pattern of increased prosecutions for embargo violations
under the Bush administration.
Weissbrodt cited
recent crackdowns on Muslim charities and on US citizens charged with
violating the Cuba embargo as examples. "[The government] is using
to the hilt every single tool," he said, "and ignoring any
protections of the Constitution or international law except when they
are compelled to do so."
Although Dhafir
has not been charged with any terrorism-related crimes, politicians
have continually linked his case to the government's so-called "war
on terror." Earlier this month, in fact, New York Governor George
Pataki grouped Dhafir with two Muslims in Albany charged with trying
to purchase shoulder-fired missiles, and a group of Muslim men convicted
for attending an Al-Qaeda training camp.
"We saw with
the arrest in Syracuse of money-laundering efforts to help terrorist
organizations, and today we see here, again," Pataki said, "those
among us who seek to help terrorists to conduct horrible acts against
the people of America and against our freedom." Pataki concluded
with a forward-looking public reassurance, "And we'll continue
to be aggressive and proactive in going after those who would look to
do us harm.
In a statement emailed
to Syracuse area activists, Cannick, Dhafir's attorney, said he was
"extremely disappointed" with Gov. Pataki's comments, and
added, "You would think that he or his staff would check the facts
before making statements that suggest that Dr. Dhafir's case, or Dr.
Dhafir himself, has any involvement with terrorism. But if trying to
feed hungry people and provide aid to dying children makes him a terrorist,
then so be it."
Defense Strategies
As the trial date nears, activists in Syracuse say they hope to attract
greater public attention, arguing that, without national outcry, Dhafir
will likely be convicted and spend the rest of his life in prison for
charges that normally result in fines.
"If we can
raise the specter of what's going on with Dr. Dhafir to a national level,
I think the government will balk," said local activist Madis Senner,
who runs a web site devoted to freeing Dhafir. However, he added, echoing
the thoughts of many local activists, "That's a big wish."
Some local activists
say they have been hampered in their efforts in part because of actions
by the defense. Several activists said Cannick, Dhafir's attorney, told
them to call off a protest supporting Dhafir late last fall. Senner
said Cannick told local activists, "Don't do any rallies, letter
writing, nothing." Senner commented, "I think everybody questioned
that."
Until this past
week, Cannick also did not allow reporters to interview Dhafir. Back
in February, after Cannick failed to return numerous phone calls, Dhafir's
friends arranged for this reporter to interview him. At the time, Dhafir
appeared eager to tell his story and,until this month, it was the only
media interview he had participated in since his arrest.
For nearly a year
and a half there did not appear to be any campaign by the defense to
publicize the case. Since February, Cannick has not returned repeated
calls for interviews with The NewStandard.
However, Dhafir's
supporters say the strategy appears to be changing as the trial date
approaches. "I think [Cannick's] gotten friendlier to the media,"
Senner said. "We'll get people out there raising noise and making
commotion." Khater added that Cannick may have decided to change
his strategy once he realized how many false allegations the government
has spread about the case.
Local activists
are planning rallies in support of Dhafir. Senner has enlisted people
who have violated the embargo against Iraq but never been jailed for
it to contact US District Judge Norman Mordue and the local media with
their stories.
In the meantime,
Khater, who visits Dhafir each week, said the doctor is "in good
spirits" and remains certain that he will be vindicated.
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The website maintained for Rafil Dhafir can be found at: http://www.jubileeinitiative.org/FreeDhafir.htm