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KindHearts for Charitable Humanitarian Development, "KindHearts", was a non-governmental organization operating out of Toledo, Ohio. Kindhearts' stated goal was to provide "humanitarian aid without regard to religious or political affiliation."〔Kindhearts v. Geithner, 647 F. Supp. 2d 857, 864, ND Ohio 2009, http://scholar.google.com/scholar_case?case=10931539635102900344&hl=en&as_sdt=2,14&as_vis=1〕 KindHearts reached a settlement agreement with the U.S. Treasury in November, 2011, ending a protracted legal dispute over the charity's fundraising activities and its alleged affiliation with terrorist groups.〔KindHearts v. Geithner, ''supra''; KindHearts v. Geithner Settlement Agreement (hereinafter "Settlement Agreement"), http://www.aclu.org/files/assets/kindhearts_v__geithner_-_settlement.pdf〕 KindHearts officially disbanded in February, 2012 after distributing its funds to various humanitarian causes.〔(Ohio-based charity accused of Hamas ties dissolves; US government froze group’s assets in ‘06 )〕〔Settlement Agreement, ''supra''; Erica Blake, ''Charity taken off suspected terrorist list'', Toledo Blade, May 2, 2012, http://www.toledoblade.com/local/2012/05/02/Charity-taken-off-suspected-terrorist-list-1.html〕 The details of the settlement were announced on May 1, 2012.〔Blake, ''supra''〕 ==Links to Hamas controversy== On February 19, 2006, the U.S. Treasury froze the assets of KindHearts after finding the charity to be fundraising for Hamas.〔U.S. Treasury, Treasury Freezes Assets of Organization Tied to Hamas, Feb. 19, 2006, http://www.treasury.gov/press-center/press-releases/Pages/js4058.aspx〕 The assets were frozen pursuant to authority delegated by President George W. Bush under E.O. 13224.〔Id.〕 To date, more than 42 months after the Government's actions, neither KindHearts, officer, has been charged or convicted with any crime. However, Chief Judge Carr of the Northern District of Ohio issued a 100-page Opinion wherein he found that the Government violated the constitutional protections of the 4th and 5th Amendments to the United States Constitution in failing to secure a warrant based on probably cause prior to the seizure and for failing to provide KindHearts with any semblance of due process. The Federal District Court went further and criticized the Government's delay tactics and subversive efforts relating to the information relied upon in preliminarily and provisionally deciding to designate KindHearts as a Specially Designated Global Terrorist, as well as failing to respond to requests for basic information concerning the alleged evidence against KindHearts, failing to allow KindHearts from accessing the courts and employing attorneys to defend it using its own funds, and other substantial violations. See Chief Judge Carr's decision, Case No. 3:08CV2400, August 18, 2009, www.aclu.org/kindhearts. With this decision, the Court found for the first time that the government cannot freeze an organization's assets without obtaining a warrant based upon probable cause. The court also found that the government must give the organization notice of the basis for freezing its assets and a meaningful opportunity to defend itself. KindHearts, according to its former members, was a non-profit, tax-exempt charitable entity that was registered with over 40 States to raise funds for the needy worldwide, without regard to race, color, national origin, political opinion or religious affiliation. KindHearts won a landmark victory when Chief Judge Carr of the Northern District of Ohio (federal court) ordered that the Government be prohibited from designating KindHearts as a Specially Designated Terrorist without first allowing KindHearts due process of law. On November 24, 2008, KindHearts filed its motion for partial summary judgment against the Government, which argued in effect that the Office of Foreign Assets Control's procedures were unconstitutional and in effect unAmerican. Proponents of KindHearts' innocence assert that the charity was shut down by the Bush Administration as a political step in order to put further pressure on the Palestinian regime to accede to the Israeli version of the Middle East Peace Process. As a reduction of international assistance would leave many Palestinians dependant on foreign aid with no viable options for survival, it is alleged that the Bush Administration attempted to use this manoeuvre to create dissent against Hamas, the democratically elected ruling party, leading to their loss in the next election. Proponents of KindHearts claim that the closure of KindHearts manifests the Bush Administration's unveiled policy of "guilt by association." What follows below is the Government's claims against KindHearts which to this date have not been substantiated. “KindHearts is the progeny of Holy Land Foundation and Global Relief Foundation, which attempted to mask their support for terrorism behind the facade of charitable giving,” said Stuart Levey, Treasury Under Secretary for Terrorism and Financial Intelligence. “By utilizing this specialized designation tool, we’re able to prevent asset flight in support of terrorist activities while we further investigate the activities of KindHearts.” This action was taken pursuant to E.O. 13224, which is aimed at denying financial and material support to terrorists and their facilitators. The constitutionality of this executive order has been severely criticized by the Ninth Circuit Court of Appeals as it is applied to non-nation entities. Following the December 2001 asset freeze and law enforcement actions against the Hamas-affiliated Holy Land Foundation for Relief and Development (HLF) and the al Qaida-affiliated Global Relief Foundation (GRF), former GRF official Khaled Smaili established KindHearts from his residence in January 2002. Smaili founded KindHearts with the intent to succeed fundraising efforts of both HLF and GRF, aiming for the new NGO to fill a void caused by the closures. KindHearts leaders and fundraisers once held leadership or other positions with HLF and GRF. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「KindHearts for Charitable Humanitarian Development」の詳細全文を読む スポンサード リンク
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