In this issue

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Nov. 17, 2009 / 30 Mar-Cheshvan 577

How Does the 4th Amendment Impact Terror Finance Investigations?

By Steven Emerson

http://www.JewishWorldReview.com | What rights, if any, should alleged terrorist financiers be afforded? This question has plagued federal judges since the Treasury Department first began targeting those believed to be providing financial support to terrorist organizations over a decade ago. One recurring issue has been whether the Treasury Department must seek a warrant prior to freezing the assets of those suspected of terrorist financing. Two recent, high profile cases — Kindhearts v. Geithner (N.D. Ohio) and al Haramain v. United States Department of the Treasury (D. Or.) — have set the stage for a possible showdown at the Supreme Court, where this question can hopefully be resolved.

Treasury's Office of Foreign Asset Control (OFAC), one of the lead agencies in the fight against terrorist financing, froze the assets of both al Haramain and Kindhearts in 2004 and 2006 respectively. In both cases, the defendant charities were accused of providing financial support to terrorist groups. Al Haramain allegedly funneled money to Chechen rebels and Kindhearts was accused of funding Hamas.

Neither of the asset seizures was conducted with prior judicial warrants, and consequently, defendants challenged the Treasury actions as a violation of the Fourth Amendment's proscription against warrantless seizures. Although both federal courts agreed with the defendants that the freezing of assets was a "seizure" for Fourth Amendment purposes, they diverged when determining whether an exception to the warrant requirement may apply to seizures of terrorist finances.

The government argued that asset seizures in counter-terrorist financing investigations are exempted from the warrant requirement. Relying upon the "special needs exception," the government explained that no warrant is needed where: (i) the primary purpose of the seizure is beyond criminal law enforcement; and (ii) a warrant and probable cause are impracticable. Applying these factors, the al Haramain court upheld the search on the grounds that a warrant was unnecessary, whereas the Kindhearts court found the exception inapplicable, and invalidated the seizure.

Considering the first factor, the judge in al Haramain explained that the primary purpose of asset seizure is not criminal prosecution, but rather:

"to deprive the designated person of the benefit of the property…that might otherwise be used to further ends that conflict with U.S. interests. Blocking assets of designated terrorists and their supporters prevents their possible use in the orchestration, assistance, or support of unlawful and dangerous global plots."

In contrast, the Kindhearts court found that simply based on the potential for criminal prosecutions, there must be a warrant. While it is true that a criminal prosecution may be the end result in a terrorist financing investigation, it is not the primary purpose of the forfeiture proceedings. Rather, Treasury acts to freeze the assets in order to preempt their use in financing acts of terrorism.

As to the second factor, regarding the warrant and probably cause, the court in Kindhearts ruled that the government had not provided an explanation as to why the warrant requirements were impracticable. In al Haramain, the court came to the opposite conclusion, explaining the impracticability of warrants in asset seizures of terrorist financiers. As the court explained, not only must the government act fast to prevent asset flight, but it would be nearly impossible "to meet the specificity requirements in an application for a warrant, and…to track down assets belonging to the designated individual and apply for a warrant in each jurisdiction in which the asset is located."

As the al Haramain court explained, the Supreme Court has never decided whether an asset seizure in a terrorist financing investigation is subject to Fourth Amendment protections. Recognizing that this question has never been resolved, these two cases present a unique opportunity for the Court to address this unsettled question of law. Moreover, such resolution is absolutely necessary. As it now stands, Treasury officials must seek warrants prior to instituting asset seizures in Ohio, but not in Oregon. In the event that the respective federal Courts of Appeal affirm the district court opinions, the divergent decisions could force the Supreme Court to take up the question. If, and when that happens, hopefully the Justices will agree with the Oregon court that not only is the primary purpose of asset seizures the prevention of future acts of terrorism, but that requiring a warrant prior to such action is not a viable option.


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JWR contributor Steven Emerson is an internationally recognized expert on terrorism and national security and considered one of the leading world authorities on Islamic extremist networks, financing and operations. He now serves as the Executive Director of The Investigative Project on Terrorism, one of the world's largest archival data and intelligence institutes on Islamic and Middle Eastern terrorist groups.

© 2009, Steven Emerson