Criminal prosecution of the Holy Land Foundation (HLF), a Texas-based Muslim charity shut down by the U.S. Treasury Department in 2001, has provided a glimpse into the government's use of evidence to justify seizure and freezing of charitable assets in the name of the war of terrorism. Pre-trial filings shows sanctions have been imposed against charities and their officials for contacting organizations that are not designated by the government as supporters of terrorism. The case also appears to depend on questionable foreign intelligence information and faulty translations. In December 2001, the Treasury Department designated HLF as a supporter of terrorism, under authority granted in Executive Order 13222 and the PATRIOT Act. HLF was accused of funneling millions of dollars to Palestinian organizations allegedly controlled by Hamas, designated a terrorist organization in 1995, and of providing funds to families of suicide bombers. HLF officials denied the charge, saying the organization only provided humanitarian relief, with a focus on Palestinian refugees and victims of armed conflict in Bosnia, Kosovo, and Turkey. The FBI seized more than $5 million in assets and all of HLF's documents and property. The organization's civil lawsuit seeking to overturn the designation was unsuccessful, owing mainly to the appeals court not allowing review of the Treasury Department's evidence and HLF beng unable to present evidence on its own behalf. In July 2004, HLF requested an investigation by the Department of Justice Inspector General, alleging the FBI used erroneous translations of sensitive Israeli intelligence material as the crux of its case. Later that day, the Justice Department unsealed an indictment against HLF and its seven top officials, charging them with money laundering and providing material support to Hamas. The case is scheduled for trial in February 2007. In pre-trial filings in the criminal case, the prosecution disclosed it has 21 binders with over 8,000 pages of Israeli intelligence information, according to the Los Angeles Times. The Israeli government controls what prosecutors can reveal to the public. Earlier this year 14 volumes of classified material were released to defense attorneys by mistake, and the judge refused the prosecution's motion to compel return of the documents. Instead, they now sit in the judge's office. While defense attorneys are forbidden from commenting on the contents of the files, the Dallas Morning News reported that "the information bolstered their case." The FBI documents rely on the Israeli material to establish two claims central to the prosecution: grants were made to local charities that support Hamas, and funds were earmarked for families of suicide bombers. HLF grants to local charities, known as "zakat committees," supported a wide variety of activities, including hospitals. Zakat committees are grassroots traditional organizations that identify people in need and distribute charitable funds. None of the zakat committees named in the indictment have been designated as supporters of terrorism by the Treasury or State Departments. The FBI claim is apparently based on a FBI memo that quotes the manager of HLF's Jerusalem office as saying the money was "channeled to Hamas." However, HLF attorneys say the Arabic to Hebrew to English translation should correctly say there is "no connection." The indictment also claims that funds were earmarked for families of suicide bombers, but the allegations are based on faulty translations and incorrect use of the term "martyr," according to the defense. In the Middle East, defense attorneys explain, the term "martyr" refers to a broad category of people who die an early and unnatural death, not just suicide bombers. The Los Angeles Times review of about 400 photos in an "orphans book" the FBI seized from HLF shows that 69 were identified as children of "martyrs." According to a sworn statement by the former head of HLF's office in Gaza, who interviewed all 69 families, only four died making bombs and 12 were killed by Israeli troops. Eight were killed by Palestinians for allegedly collaborating with Israel. The remaining "martyrs" were victims of robberies, heart attacks, accidents and other non-political deaths. As the criminal prosecution moves forward charities will have an opportunity to see whether secret, unchallenged evidence used to shut down charities can withstand the rigors of the rules of evidence and due process under American law. Whether charities can rely on government watch lists to identify people and groups they should avoid will be at the forefront, as the government tries to send HLF's leaders to prison for assisting non-listed groups.