KindHearts for Charitable Humanitarian Development, "KindHearts", was a non-governmental organization operating out of Toledo, Ohio. The organization's stated goal was to provide "humanitarian aid without regard to religious or political affiliation."
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 officially disbanded in February, 2012 after distributing its funds to various humanitarian causes. The details of the settlement were announced on May 1, 2012.
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. The assets were frozen pursuant to authority delegated by President George W. Bush under E.O. 13224.
To date, 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 probable 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 on 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 asserts 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 dependent on foreign aid with no viable options for survival, it is alleged that the Bush administration attempted to use this maneuver 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 are 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.