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Suit Challenges Freezing of Assets of Muslim Charity

By Howard M. Friedman

Yesterday, the ACLU of Ohio announced it has filed suit in an Ohio federal district court on behalf of a Muslim charity, KindHearts for Charitable Humanitarian Development, Inc. The charity was founded in 2002 (after the government shut down a number of Muslim charities) with the purpose of providing humanitarian aid in the U.S. and abroad in compliance with U.S. law. However, in February 2006 the Treasury Department's Office of Foreign Assets Control summarily froze the charity's assets "pending investigation" of whether it should be classified as a "Specially Designated Global Terrorist" organization. The freeze is still in effect.

The lawsuit (full text of complaint) challenges action taken by OFAC, arguing that the authority given by the USA PATRIOT Act (50 USC 1701(a)(1)(B)) to freeze assets pending investigation violates the First, Fourth and Fifth Amendments. The complaint alleges that the statute is unconstitutionally vague, and that it "sets forth no substantive criteria for when such a freeze pending investigation is permitted, requires no notice or opportunity to respond, and sets no time limit on the freeze." (See prior related posting.)

Full post as published by Religion Clause on October 10, 2008 (boomark / email).