One of three men convicted in June of terrorism-related crimes returned to U.S. District Court in Toledo yesterday to face unrelated conspiracy and theft charges.
Marwan El-Hindi is charged with one count each of conspiracy and theft of public funds and five counts of wire fraud after he was accused of using $40,000 in federal grant money for personal use. A bench trial before Judge James Carr is expected to last through next week.
If El-Hindi is convicted of the charges, he could face up to two years in prison, according to federal guidelines.
The trial occurs five months after a federal jury found El-Hindi guilty of conspiring to kill and maim people outside the United States, conspiring to provide material support, and disseminating information regarding explosives. He faces life in prison.
Co-defendants Mohammad Amawi and Wassim Mazloum also were convicted after the two-month trial.
No sentencing dates have been set.The theft and fraud charges against El-Hindi are unrelated to his terrorism convictions and are a result of a 2002 grant application - an action that occurred years before he was charged with terrorism-related crimes.
Yesterday, Assistant U.S. Attorney Duncan Brown told Judge Carr the allegations against El-Hindi were that he "knowingly conspired with [co-defendant] Ashraf Zaim to take $40,000 from the IRS under the auspices of operating a low-income tax clinic."
He added that instead of setting up a clinic where non-English speaking people would receive help in filing tax returns, he "conspired to use [the money] for his own personal use."
Defense attorney Charles Boss countered during opening statements that El-Hindi's intentions when applying for the grant were in "good faith." He said his client's purpose in founding Educational Social Foundation Services Inc., through which he applied for the grant, was to provide services to the community.
"There may be evidence that he's not a good businessman or that he didn't know how to operate a clinic," Mr. Boss said. "Ultimately, there was no intent to deprive the government of its money."
According to the indictment filed in February, 2007, El-Hindi and Zaim applied in 2001 for a grant through the IRS and were awarded $40,000. A condition of the grant was that the recipients provide in-kind charitable donations and that they spend the money on tax clinics.
The conspiracy and theft charges are a result of accusations that El-Hindi set up a false nonprofit and used the grant money for his own use, Mr. Brown said.
The wire fraud charges are a result of the five times the government wired money to an account set up by the two men.
On Dec. 12, Zaim pleaded guilty to the theft and wire fraud charges. As part of the plea agreement, the conspiracy charge will be dismissed at sentencing. A sentencing date has not yet been set.
Contact Erica Blake at:
eblake@theblade.com
or 419-213-2134.
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