Florida Arrest Renews Debate Over Muslim Charities
Entrepreneur's Donations Linked to Supporting Terrorism
Published Saturday,
January 4, 2003; Page A01
ORLANDO -- Savvy entrepreneurs sprinkled souvenir shops along
tourist-sated International Drive here like so many grains of salt, knowing
that kiddies would tug their frazzled parents inside to load up on all
manner of seashell statues, Mickey Mouse T-shirts and lacquered alligator
jaws.
Some of these little shops are dark and dingy. But not Jesse Maali's.
He builds gift shops on steroids, outlandishly proportioned places called
Big Bargain Worlds that look a bit like wayward UFOs. 
When the tourists are done giving Maali their money in his
gift shops, they can drive down the block and give him some more at his
Ponderosa Steakhouses or his Dunkin' Donuts, or his TGI Friday's or Bennigan's
restaurants. By the time they leave town, Maali is that much richer, allowing
him to live opulently in the same gated community as Tiger Woods and Shaquille
O'Neal.
The endless stream of tourist dough also lets Maali, who was born in Jerusalem,
donate lavishly to Palestinian and Muslim charities. But these donations
have attracted the attention of federal prosecutors, who say that Maali
has links to Middle Eastern groups that advocate violence because he gave
tens of thousands of dollars to those organizations.
Prosecutors have not charged him with supporting terrorism, but they have
brought up his alleged ties to violent groups in an unsuccessful attempt
to have him held without bond on charges of executing an elaborate, $2.5
million money-laundering scheme that allegedly allowed him to employ more
than 50 illegal immigrants through shell companies.
The charges frame the case as a straightforward illegal-labor crackdown,
like those prosecuted almost every day in courtrooms throughout the nation.
But many Muslim leaders believe something much bigger is happening here.What
is really at stake, they say, is whether thousands of Muslims nationwide
-- Maali among them -- can be considered supporters of terrorism because
they donated to charities that, after Sept. 11, 2001, were designated as
conduits to terrorists. The fears are compounded because Islam requires
its adherents to donate a portion of their annual income to charity --
a practice known as zakat.
The allusions to terrorism in the Maali case inflamed the sizable Muslim
and Arab American communities here, leading to demonstrations and impassioned
assertions that Maali is being targeted because of a hysterical reaction
to the Sept. 11 terror attacks.
Prosecutors counter that the attacks have nothing to do with the case,
noting that the FBI began investigating Maali long before planes smashed
into the Pentagon, the World Trade Center and a Pennsylvania field.
Since the attacks, some of the biggest Muslim charities in the nation
have been designated as terrorist financiers by the U.S. government, including
the Texas-based Holy Land Foundation, which received donations from Maali
and many other Muslims. Holy Land says its vast fundraising operation supported
only humanitarian causes, such as improving water systems and schools.
"A lot of people are worried; there are a lot of questions," said
Hussam Qutub, an adviser to the Los Angeles-based Muslim Public Affairs
Council, a group that lobbies for Muslim causes.
Qutub has written a few checks over the years to Holy Land, which he said
was once the most widely respected charity in the Arab American community,
a Muslim equivalent of the United Way.
"There is," Qutub said, "a feeling [among many Muslims]
of, 'What is going to happen to me? . . . Is the government coming after
us?' "
A Knock at the Door
On Nov. 14, Maali was upstairs at his 10,500-square-foot home when armed
federal agents knocked on his door. His wife, Jihad (a name that she says
means "struggle," though the word also is often associated with
holy wars), heard someone say "federal" and thought it was the
Federal Express deliveryman.
Several miles away, dozens more federal agents assigned to a sprawling
investigation nicknamed "Operation Thunderdome" poured into Maali's
Big Bargain World stores up and down International Drive.
"They wanted to make a splash," Maali said in a recent interview. "Here
now I have to go out and prove I'm innocent. This is a new era. I hope
America still stays America. I hope we are not going to be a police state."
Maali, 57, speaks in politely measured, somewhat cautious tones, often
starting a thought, then apologetically cutting himself off in mid-sentence.
While Maali chatted, a dozen members of his extended family of 200 were
arrayed around the ground floor of his $3 million mansion. It resembles
a fancy hotel lobby, both in style and scope, with its marble floors, giant
chandeliers and multiple clusters of upholstered sofas.
On the same day that Maali was arrested, federal prosecutors announced
in court that he had "financial ties to Middle Eastern organizations
who advocate violence." They did not elaborate, but there was the
promise of more to come at a bond hearing several days later.
As Maali sat in jail awaiting the hearing, tensions built outside. A local
television station superimposed his face next to an image of Osama bin
Laden and dubbed the case "Tourism for Terrorism."
Mosques were abuzz. Muslim leaders complained about what they said was
a discriminatory case. Maali's family held a traditional Ramadan feast
without him, an act resonant with emotional significance.
"It really shook our community," said Tariq Rashid, the imam
of the Jama' Masjid spiritual center in south Orlando and a tutor to some
of Maali's children. "To tie him to terrorism without solid proof,
this is wrong."
An Atmosphere of Giving
Most of the donations at the heart of the Maali case were made between
the mid-1990s and 2000, when a strong current of peer pressure stoked large
donations by the elite in Arab American communities across the United States,
according to Walid Phares, a terrorism and Middle East expert at Florida
Atlantic University.
"Sometimes it may have been just a businessman showing off," Phares
said. "They were not even paying attention to how the money was being
used."
Extremists took note of the free-wheeling climate, Phares said, and moved
into Arab American communities, ostensibly to solicit donations for new
schools and medical supplies, competing alongside legitimate charities.
Maali gave big. He turned over about $1,000 a year to Holy Land, but he
saved his biggest checks for the Society of In'ash el-Usra, donating about
$45,000 a year from the late 1980s onward, according to Taleb Salhab, one
of his top business aides. El-Usra deposited one of Maali's checks in the
Al Aqsa Islamic Bank, which prosecutors said has ties to the Islamic Resistance
Movement, or Hamas.
Maali had money to give away because his tourism empire was thriving.
He bought into the tourism market at the perfect moment, in the mid-1980s,
when International Drive was awakening.
He came to Orlando with a small fortune amassed by selling a string of
successful New York supermarkets that he bought cheap from a national chain
that fled the city. Now, Maali said, he has the three highest-grossing
Ponderosas in the world and his largest Big Bargain Worlds each pull in
$3 million a year. His real estate holdings are vast.
"I forget what I have," Maali said.
Prosecutors say the empire was boosted, at least in part, by questionable
business practices. They say Maali hired illegal immigrants and counseled
business associates how to do the same without being detected by the FBI.
No one could go into business on "I Drive," the local shorthand
for International Drive, without his okay and Maali's nephews provided
his muscle, acting as "enforcers," prosecutors said. More recently,
they said, some of his nephews threatened to kill a government informant.
"I'm afraid the kid [who is acting as an informant] is going to get
whacked," said Cynthia Hawkins Collazo, the veteran prosecutor handling
the case.
Maali's defenders have been bolstered by several leading International
Drive business owners who dispute the assertion that he runs the street.
Mark NeJame, Maali's attorney, calls Collazo's allegation "the
stupidest thing imaginable. . . . The only thing whacked about this case
is the government's theory."
By the time of Maali's bond hearing, the authorities were preparing for
pandemonium, blocking streets and diverting traffic from Orlando's federal
courthouse. Outside, more than 200 people who couldn't get a seat inside
marched in support of Maali. Several times during the day, dozens of Muslims
broke off from the crowd and knelt in the street to pray toward Mecca.
Collazo said the discrimination allegations made by the courthouse demonstrators
and by Maali's attorney are unfounded.
"This investigation started three years ago," she said. "I
can't imagine there would be any reason to pick on any particular community
at that point."
During the bond hearing, FBI counterterrorism specialist Stephen John
Thomas outlined Maali's donations and said he collected $30,000 for the
Popular Front for the Liberation of Palestine, which the government has
listed as a terrorist organization.
Thomas also said Maali corresponded with another charity that allegedly
has terrorist ties, Benevolence International Foundation. Like Holy Land,
Benevolence has denied supporting terrorism, but the disavowals by both
organizations have not swayed the federal judges who ordered their assets
frozen.
Striking Back
Faced with the allegations about ties to groups thought to be aiding terrorism,
Maali's attorneys struck back aggressively. They came up with receipts
to show that the $30,000 the FBI thought Maali was collecting for the Popular
Front actually went to the Palestinian Aid Society, a group that has not
been accused of terrorist links. The correspondence with Benevolence turned
out to have been sent by one of Maali's employees.
At times, it seemed as if the government was grasping. Thomas, for instance,
was critical of Maali for holding two passports (U.S. and Jordanian), a
common practice among international business executives and the large number
of Americans who have dual citizenship.
"I don't know why a U.S. citizen who, when he takes the oath [and]
renounces all allegiance to foreign governments, would be traveling with
a foreign document," Thomas testified. "It might be nice that
he would have a foreign document from his homeland or his country as a
memento or keepsake, but to travel under that as an official travel document
-- no, I would find that very unusual."
Prosecutors and Maali's attorneys also have dueled over the meaning of
a letter Maali wrote to an Arabic-language newspaper in London. The prosecution's
translator said the article praises suicide bombers as martyrs for the
Palestinian cause.
Looking back, Collazo said, the combination of Maali's donations and the
letter was enough to give her "cause for concern," even though
she is not "saying that we proved that he knowingly supported terrorism."
Maali says the letter was misread by the government translator and simply
sought to understand the motivation of suicide bombers, ultimately concluding
that such attacks are misguided. Regardless, Sami Qutby, a prominent business
figure and head of the Arab American Community Center of Central Florida,
and who testified on behalf of Maali, said Muslims should be free to write
whatever they please.
"I thought we're in the U.S.," Qutby testified. "We have
the right to write. What happened to this country?"
U.S. Magistrate David A. Baker refused to order Maali held without bond,
though he did require the entrepreneur to put up $500,000 in cash and $5
million worth of property to guarantee his appearance at future court dates.
Baker said the financial requirements, believed to be the steepest in the
history of the federal court in Orlando, were necessary because of Maali's
wealth and history of foreign travel.
Then the magistrate scolded the prosecution.
"There is a great danger," Baker said, "that connections
and associations can be used to paint with a very broad brush. Simply because
someone meets or knows someone . . . or shares the same characteristics
does not make him responsible for somebody else's actions."
The judge's words encouraged Maali and his supporters, but where the case
goes from here is still uncertain. The Maali investigation is ongoing,
Collazo said, with possible tax evasion charges in the offing and federal
authorities looking into "anything and everything."
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