The Legal Response to the Financing of Global Terrorism
Chapter 10: The Law Enforcement Response to Terrorist Financing
10. The law enforcement response to terrorist ﬁnancing A central element of our strategy is to identify, disrupt and destroy those organizations that supply the ﬁnancing that make terrorism possible.1 Attorney General John Ashcroft (2002), announcing indictment of Enaam Arnaout, Director, Benevolence International Foundation [F]oreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct.2 Anti-Terrorism Eﬀective Death Penalty Act 1996) ANTI-TERRORIST FINANCING STATUTES Congress has enacted signiﬁcant legislation aimed at cutting oﬀ ﬁnancial aid, assistance, and services to terrorists and terrorist groups. The principal criminal provisions used by the U.S. Department of Justice to prosecute the ﬁnanciers and ﬁnancial facilitators of terror are the ‘material support’ statutes, 18 U.S.C. §§2339A and 2339B.3 The material support statutes have been characterized as the ‘antiterror weapon of choice’4 and the ‘cornerstone’ of the Justice Department’s counter-terrorist ﬁnancing enforcement eﬀorts.5 Sections 2339A and 2339B enable federal prosecutors to punish those who provide ‘material support or resources,’ including money and other ﬁnancial assistance, to terrorists and designated foreign terrorist organizations (FTOs).6 Section 2339A makes it a crime to provide ‘material support or resources’ ‘knowing or intending’ that they be used to prepare for or carry out statutorily enumerated crimes.7 That is, the statute prohibits knowingly providing material support or resources to facilitate a speciﬁed terrorism-related crime, such as a bombing plot.8 By contrast, §2339B punishes whoever knowingly provides ‘material support or resources’ to an...
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