UNITED STATES of AMERICA V. M
Case 4:05-cr-40026-FDS Document 577 Filed 07/24/08 Page 1 of 48 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _______________________________________ ) UNITED STATES of AMERICA ) ) v. )Criminal No. ) 05-40026-FDS MUHAMED MUBAYYID, ) EMADEDDIN Z. MUNTASSER, and ) SAMIR AL-MONLA, ) ) Defendants. ) ) _______________________________________ MEMORANDUM AND ORDER ON DEFENDANTS’ MOTIONS FOR JUDGMENT OF ACQUITTAL UNDER RULE 29 AND GOVERNMENT’S MOTION FOR RECONSIDERATION SAYLOR, J. This is a criminal prosecution under 18 U.S.C. § 371 (conspiracy to defraud the United States), 18 U.S.C. § 1001 (false statements), and 26 U.S.C. § 7206(1) (false statements on tax returns). In essence, the indictment charged that defendants Muhamed Mubayyid, Emadeddin Z. Muntasser, and Samir Al-Monla fraudulently obtained a charitable exemption under § 501(c)(3) of the Internal Revenue Code for an entity known as Care International, Inc. According to the indictment, defendants concealed the fact that Care International solicited and distributed funds for, and issued publications supporting and promoting, Islamic holy war (“jihad”) and holy warriors (“mujahideen”). After a jury trial that began on November 13, 2007, and concluded on January 11, 2008, defendants were convicted on multiple counts. All three defendants moved for judgment of acquittal as to all counts at the close of the government’s evidence, pursuant to Fed. R. Crim. P. 29, which the Court granted as to part of Count Eight and otherwise denied. All three defendants Case 4:05-cr-40026-FDS Document 577 Filed 07/24/08 Page 2 of 48 renewed those motions after the trial. The Court issued its ruling from the bench as to those motions on June 3, 2008, granting those motions in part and denying them in part.
[Show full text]