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United States v. Holy Land Foundation:

Supplemental Jury Instructions on Forfeiture

Hon. Jorge A. Solis

Northern District of Texas

November 24, 2008

The following supplemental jury instructions were prepared by the Northern District of Texas s United States District Judge Jorge A. Solis in a retrial for conspiracy to fund terrorism, United States v. Holy Land Foundation, No. 3:04-cr- 240 (N.D. Tex. July 26, 2004).

Court s Supplemental Instructions to the Jury

MEMBERS OF THE JURY:

Forfeiture

Now that you have decided that Defendants Holy Land Foundation, Shukri Abu

Baker, Ghassan Elashi, Mufid Abdulqader, and Abdulrahman Odeh are guilty of

the offenses alleged in Count 22 of the Indictment, you must now decide whether 

Defendants Holy Land Foundation, Shukri Abu Baker, Ghassan Elashi, Mufid

Abdulqader, and Abdulrahman Odeh should forfeit the property described in the

forfeiture allegations of the Indictment. Forfeiture means to be divested or deprived of the ownership of something as a penalty for the commission of a crime.

Title 18, United States Code, Section 982(a)(1) provides that any person

convicted of a conspiracy to launder monetary instruments shall be ordered to

forfeit to the United States any real or personal property involved in the offense

or any property traceable to such property.

In the forfeiture count of the Indictment, the government contends that at

least $12,400,000.00 in United States currency represents the property involved

in the offense alleged in Count 22, conspiracy to launder monetary instruments or 

property traceable to such property.

You are instructed that the phrase property involved in the offense includes,

1. The amount of the monetary or financial transaction alleged;

2. Any fees or commissions paid to persons involved in the offense;

3. Any property used to facilitate the commission of the offense; and

4. Any property traceable to such property.

To facilitate the commission of an offense means to aid, promote, advance, or make easier the commission of the act or acts constituting the offense. Property used to facilitate an offense can be in any form.

You must decide by a preponderance of the evidence what property, if any, set forth in the forfeiture count of the Indictment should be forfeited. A preponderance of the evidence means the matter in question is more likely true than not

true. If in your minds the evidence is equally balanced on a matter to be proved, it has not been established by a preponderance of the evidence.
United States v. Holy Land Foundation: Supplemental Jury Instructions

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In determining whether any fact in issue has been proven by a preponderance 

of the evidence, you may consider the testimony of all witnesses, regardless of

whom may have called them, and all the exhibits received in evidence, regardless 

of whom may have produced them.

In order to be entitled to forfeiture based on a defendant s conviction on

Count 22, the government must prove by a preponderance of the evidnece that

the property to be forfeited was property involved in that offense or property traceable to such property.

While deliberating, you may consider any evidence offered in this trial before or after your previous deliberations. In reaching a verdict on the forfeiture

allegation regarding Count 22, you may not consider the degree to which a particular defendant was involved in the offense. By law, each defendant is individually liable for the entire amount of the money judgment.

A special verdict form has been prepared for your use. You are instructed to

indicate on the form your determination whether any property is subject to forfeiture to the United States. You will take the verdict form to the jury room. When

you have reached a unanimous agreement on the forfeiture verdict, the Presiding

Juror must fill in, date, and sign the verdict form. Once you have done this, the

Presiding Juror is to notify the Court Security Officer that you have reached a

unanimous verdict so that you can return to the courtroom.