Sane Email Update Vol. 6. No. 7
October 4,
2010
Dear SANE Subscriber, Member, or Friend:
Welcome!
A
Reminder: at our
SANE Works for US web site,
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(stage one), to an
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***
The latest
legal victory in the battle against the Muslim
Brotherhood-Hamas movement whose
stated goal is a “settlement process”
described
as a “grand jihad in eliminating and destroying the Western
civilization from
within and ‘sabotaging’ its miserable house by their hands and
the hands of the
believers so that it is eliminated.”
FOR IMMEDIATE
RELEASE:
Federal
Court
Ruling: Council on American-Islamic Relations (CAIR) Must Answer to
Fraud
Charges by Five Former Clients
District
Court Judge Denies CAIR
Motion to Dismiss Federal Fraud Complaints by African
American and
Pakistani-American Muslims
For
more
information:
David Yerushalmi, Esq.
Law Offices of
David Yerushalmi,
P.C.
ContactYerushalmiLaw@verizon.net
www.davidyerushalmilaw.com
800.714.9650
October
4, 2010
– Washington, DC: A
federal judge in the U.S. District Court in the District
of Columbia has denied
a motion to dismiss complaints by five former clients of
the Council on
American-Islamic Relations (CAIR).
CAIR is a
Muslim organization
previously named as a Muslim Brotherhood-Hamas front group
by the FBI and U.S.
Attorney’s Office in the federal criminal trial and
conviction of a terrorist
funding cell organized around one of the largest
Muslim charities, the Holy Land
Foundation, which raised funds for violent jihad
on behalf of Hamas.
CAIR
had asked
federal court judge Paul L. Friedman to dismiss the fraud cases on several
grounds, but the judge refused CAIR’s request in its entirety.
(Judge
Friedman
did dismiss one duplicative claim of consumer fraud based on D.C. law
because he
allowed an identical claim under Virginia law, ruling that Virginia
law applied
in the case).
The five former
clients had earlier this
year filed two separate lawsuits in federal court
alleging common law and statutory
fraud, breach of fiduciary duty, and
intentional infliction of emotional distress
against CAIR, a self-described
Muslim public interest civil rights law firm. These
two lawsuits follow an
earlier lawsuit which had also alleged that CAIR’s fraudulent
conduct amounted
to racketeering, a federal RICO crime. In that case, the court
dismissed the
RICO counts concluding that CAIR’s conduct as alleged was fraudulent
but not a
technical violation of RICO.
The two new
federal
civil complaints were filed in the federal district court for the
District of
Columbia on January 6, 2010, and served on January 13, 2010. CAIR
filed
its motion to dismiss on February 26, 2010, and the matter was fully
briefed by
May 15, 2010.
Both lawsuits
arise out of the same facts and
as a result the court has consolidated the two
cases.
The lawsuits
allege
that Morris Days, the “Resident Attorney” and “Manager for Civil Rights”
at the
now defunct CAIR-MD/VA chapter in Herndon, Virginia, was in fact not an
attorney
and that he failed to provide legal services for clients who came to
CAIR for
legal representation. CAIR knew of this fraud and purposefully
conspired
with Days to keep the CAIR clients from discovering that their legal
matters were
being mishandled or not handled at all.
While attorney
David
Yerushalmi represents the five plaintiffs in these two lawsuits, three of
whom
are Muslim Americans, the complaints allege that according to CAIR internal
documents,
there were hundreds of victims of the CAIR fraud scheme.
According to
the complaints,
CAIR knew or should have known that Days was not a lawyer when
it hired him. But,
like many criminal organizations, things got worse when CAIR
officials were confronted
with clear evidence of Days’ fraudulent conduct.
Rather than come clean and attempt
to rectify past wrongs, CAIR conspired with
Days to conceal and further the fraud.
To
this end,
CAIR officials purposefully concealed the truth about Days from their
clients,
law enforcement, the Virginia and D.C. state bar associations, and the
media.
When CAIR did get irate calls from clients about Days’ failure to provide
competent legal services, CAIR fraudulently deceived their clients about Days’
relationship to CAIR, suggesting he was never actually employed by CAIR, and
even
concealed the fact that CAIR had fired him once some of the victims began
threatening
to sue.
“The evidence
has long suggested that CAIR is a criminal organization
set up by the Muslim
Brotherhood and Hamas to further its aims of stealth Jihad
in the U.S.,” Mr.
Yerushalmi said referring to the fact that CAIR has been named
by the federal
government as an unindicted co-conspirator in the Holy Land Foundation
terror
financing trial. In addition, several of CAIR’s top executives have been
convicted of terror-related crimes. As a result, the FBI has publicly announced
that it has terminated any outreach activities with the national organization,
which bills itself as “America's largest Muslim civil liberties and advocacy
organization.”
“As it turns
out, CAIR is America’s largest Muslim criminal
organization whose criminal
activities know no bounds,” Yerushalmi continued.
“According
to
the facts as carefully laid out in both complaints,” Yerushalmi explained,
“CAIR
has engaged in a massive criminal fraud in which literally hundreds of CAIR
clients have been victimized and because of the CAIR cover-up they still don’t
realize it. The fact that CAIR has victimized Muslims and non-Muslims alike
demonstrates
that CAIR is only looking out for CAIR and its ongoing effort to
bilk donors out
of millions of dollars of charitable donations thinking they are
supporting a
legitimate organization.”
The complaint
also alleges that in addition
to covering up the fraud scheme, CAIR forced angry
clients who were demanding
a return of their legal fees to sign a release that
bought the client-victims’
silence by prohibiting them from informing law
enforcement or the media about
the fraud. According to the agreement, if the
“settling” clients said anything
to anyone about the fraud scheme, CAIR would be
able to sue them for $25,000.
This
enforced
code of silence left hundreds of CAIR’s victims in the dark such that
to this
day they have not learned that Days was not an attorney and that he had
not
filed the legal actions on their behalf for which CAIR publicly claimed credit.
Days has since died of a lung complication.
CAIR’s motion
to dismiss
argued that the failure to name Morris Days and CAIR-MD/VA as
“indispensable”
party-defendants was grounds to dismiss. The court saw through
this ruse
by noting that Mr. Yerushalmi had pointed out that Days was dead.
Insofar
as there was no probate of any estate, Days likely died intestate and
poor.
Similarly, CAIR-MD/VA, as alleged in the complaints, was shuttered and
rendered
defunct by CAIR to try and cover-up the crime. Unsuccessfully, CAIR’s
motion
to dismiss had strategically and dishonestly ignored those facts.
CAIR
also
argued that it could not be held liable for Days’ criminal behavior.
The Court
dismissed this defense as well pointing out that there was more than
enough
evidence to show Days acted for and on behalf of CAIR.
Over a lengthy
24-page
opinion, the Court surgically dissected and dismissed CAIR’s arguments
for dismissal
on all counts.
Mr. Yerushalmi
made clear that “the evidence
in this case will finally put to rest the myth
that CAIR is a legitimate Muslim
American civil rights organization when in fact
it is little more than an agent
of the Muslim Brotherhood and a recipient of
huge donations from operatives of
the Organization of Islamic Countries (OIC).”
Mr. Yerushalmi
concluded,
“Why this organization is allowed to exist as a non-profit,
tax-exempt organization
at all is mind-boggling.”
For those
interested in a fact-intensive
tutorial on CAIR’s foreign government agency
connections in the context of possible
violations of the Foreign Agent
Registration Act, the same law used recently to
arrest and deport a large
sleeper cell of Russian spies, need only visit
www.CAIRObservatory.org,
where the actual documents evidencing potential
crimes are on full display for
the reader to judge for him or herself.
About
David Yerushalmi, Esq.:
David
Yerushalmi has been practicing
law for more than 26 years. He is a litigator
specializing in securities law,
public policy relating to national security, and
public interest law. Mr. Yerushalmi
is licensed and practices in Washington
D.C., New York, California, and Arizona
and currently serves as General Counsel
to the Center for Security Policy in Washington,
D.C., one of the nation’s
leading national security think tanks founded by former
Reagan administration
official Frank J. Gaffney, Jr., and has been Of Counsel
and Senior Legal Advisor
for Policy Affairs to the Institute for Advanced Strategic
& Political Studies
(Potomac, Maryland) since 1988.
For a copy of
the court’s
opinion, go to
www.DavidYerushalmi.com and
click on Recent Events.
***
As always, those of us at the
Society
of Americans for National Existence continue our focus:
To strengthen America’s national
existence by probing
a new and deeper discussion of the issues others fear or
just avoid. We are convinced
that with integrity of purpose and thought, graced
with civility, the SANE message
will pierce the fog that lies heavy on the
ground.
All the best,
SANE
Staff
Society of Americans for
National Existence (SANE)(sm)
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