Rafil A. Dhafir
Encyclopedia
Dr. Rafil A. Dhafir is an American
Iraqi-born physician
, who was sentenced on October 28, 2005, to 22 years in prison for violating the Iraqi sanctions by sending money to Iraq through his charity front Help the Needy, and for fraud, money laundering, tax evasion, and a variety of other nonviolent crimes. Five other people, including his wife, had already pleaded guilty to charges in connection with the case.
Dr. Dhafir is believed to the only U.S. citizen ever to be held in prison for violating the sanctions on Iraq.
His attorney filed a motion to dismiss as he accused the U.S. government of selective prosecuting Dhafir by singling him out because of his race, religion and cultural background.
In February 2005 Dhafir was convicted of 59 out of 60 charges. Dhafir had run an unregistered (and unaudited) charity, "Help the Needy
", and most of those charges were related to that charity. The 59 convictions included:
In one of his few interview from prison Dhafir told the New Standard website, "This is part of a campaign against Muslims and Arabs."
NY Civil Liberties Union claims that U.S. made "inappropriate" allegations of terrorism before sentencing doctor Rafil Dhafir to prison.
Barrie Gewanter, Executive Director of the Central New York Chapter of the [New York Civil Liberties Union], who has closely monitored the case and has publicly questioned whether Dr. Dhafir received a fair trial said:
“Dr. Dhafir created a charity called Help the Needy, whose stated intent was to provide food and medicine and other supports to people suffering from the sanctions. The government's main core charge against him was that he violated a law called IEEPA, the International Emergency Economic Powers Act, which is how a president imposes economic sanctions against a sanctioned country. That law says that you cannot send money to a sanctioned country, and in order to send humanitarian aid, you have to be an approved charity and have approved shipments. The testimony in the trial suggested that Dr. Dhafir did not go through those channels, because he was concerned that any material that was sent into Iraq for the Oil for Food program would end up in Saddam's pockets. And he wanted the aid to get to people who were truly needy, because he was very concerned about the suffering”.
“Each one of the five defendants was forced to testify against him, including his wife, in exchange for getting probation or a reduced – a recommendation for a reduced sentence”
Medicare fraud charge
“There were charges of money laundering, tax evasion, mail and wire fraud, but also Medicare fraud. His wife was the billing manager in his medical office. And in the course of the investigation, they found that he went overseas and started looking at his Medicare billing. And there is about a 15% difference in the Medicare billing that is very confusing, but when the doctor is out of the office, and he is an oncologist, his office provides chemotherapy. They charged 15% less if a nurse practitioner administers the chemotherapy when the doctor is not in the office and 15% more when he is in the office. And his wife was charged with conspiring with him to violate those Medicare rules”.
Selective enforcement
“We have some people from the Syracuse area that went with Voices in the Wilderness to Iraq. Those individuals and the organization Voices in the Wilderness never got criminal charges filed against them. Instead, the government imposed only fines. Our perception is that the only people that get criminal charges filed against them tend to be Muslims and Arabs. That raises questions about selective enforcement”.
Denis Halliday
, former United Nations Humanitarian Co-ordinator in Iraq (1997–1998), said in regards of Dr. Dhafir’s case:
“I'm absolutely stunned by this information. I mean, it is an outrageous situation, particularly as we have just discussed the State Department breaching its own or the United Nations’ sanctions to the tune of $10 billion, allowing Saddam Hussein to export oil and import at the same time, and now we're prosecuting an American Iraqi? It's unbelievable”.
Following his arrest, in February 2003, both Attorney General
John Ashcroft
and New York State Governor
Pataki
characterized Dhafir as a "suspected terrorist". Prosecutors chose not to lay any charges for terrorism related crimes.
Defense attorney Devereaux Cannick, objected to a sentencing memorandum that included accusations of ties of terrorism, on the grounds that the prosecutors had not laid charges of terrorism because they suspected they did not have firm enough evidence to prove them.
His community took his defense: “Dr. Dhafir, he has been in the community for more than 20 years. He's an oncologist. He saves life. That's his job. His job is to save life here in this country. And he helps a lot of people in the community here. He gave students loans. He gave loans to people for interest-free. He never charged a penny…”
As of 2007, Dr. Dhafir is in the Communications Management Unit (CMU) in Terre Haute, Indiana
.
An appeal was filed to the United States Court of Appeals for the Second Circuit
. Oral arguments were presented on August 28, 2008. Ruling almost a year later, on August 18, 2009, the court of appeals upheld Dr. Dhafir's convictions but vacated his sentence and remanded to the district court for resentencing. A Supreme Court appeal is available prior to the resentencing.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Iraqi-born physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
, who was sentenced on October 28, 2005, to 22 years in prison for violating the Iraqi sanctions by sending money to Iraq through his charity front Help the Needy, and for fraud, money laundering, tax evasion, and a variety of other nonviolent crimes. Five other people, including his wife, had already pleaded guilty to charges in connection with the case.
Dr. Dhafir is believed to the only U.S. citizen ever to be held in prison for violating the sanctions on Iraq.
His attorney filed a motion to dismiss as he accused the U.S. government of selective prosecuting Dhafir by singling him out because of his race, religion and cultural background.
In February 2005 Dhafir was convicted of 59 out of 60 charges. Dhafir had run an unregistered (and unaudited) charity, "Help the Needy
Help the Needy
Help the Needy was a charity front set up by Rome, New York oncologist, Rafil Dhafir. Help the Needy was a charity front set up by Rome, New York oncologist, Rafil Dhafir. Help the Needy was a charity front set up by Rome, New York oncologist, Rafil Dhafir. (Not to be confused with other...
", and most of those charges were related to that charity. The 59 convictions included:
- not recording the $400,000 of his own money that he contributed to the fund
- using a portion of the funds he collected to aid needy for his own benefit
- circumventing the laws against sending funds to Iraq, without a license
- defrauding MedicareMedicare (United States)Medicare is a social insurance program administered by the United States government, providing health insurance coverage to people who are aged 65 and over; to those who are under 65 and are permanently physically disabled or who have a congenital physical disability; or to those who meet other...
In one of his few interview from prison Dhafir told the New Standard website, "This is part of a campaign against Muslims and Arabs."
NY Civil Liberties Union claims that U.S. made "inappropriate" allegations of terrorism before sentencing doctor Rafil Dhafir to prison.
Barrie Gewanter, Executive Director of the Central New York Chapter of the [New York Civil Liberties Union], who has closely monitored the case and has publicly questioned whether Dr. Dhafir received a fair trial said:
“Dr. Dhafir created a charity called Help the Needy, whose stated intent was to provide food and medicine and other supports to people suffering from the sanctions. The government's main core charge against him was that he violated a law called IEEPA, the International Emergency Economic Powers Act, which is how a president imposes economic sanctions against a sanctioned country. That law says that you cannot send money to a sanctioned country, and in order to send humanitarian aid, you have to be an approved charity and have approved shipments. The testimony in the trial suggested that Dr. Dhafir did not go through those channels, because he was concerned that any material that was sent into Iraq for the Oil for Food program would end up in Saddam's pockets. And he wanted the aid to get to people who were truly needy, because he was very concerned about the suffering”.
“Each one of the five defendants was forced to testify against him, including his wife, in exchange for getting probation or a reduced – a recommendation for a reduced sentence”
Medicare fraud charge
“There were charges of money laundering, tax evasion, mail and wire fraud, but also Medicare fraud. His wife was the billing manager in his medical office. And in the course of the investigation, they found that he went overseas and started looking at his Medicare billing. And there is about a 15% difference in the Medicare billing that is very confusing, but when the doctor is out of the office, and he is an oncologist, his office provides chemotherapy. They charged 15% less if a nurse practitioner administers the chemotherapy when the doctor is not in the office and 15% more when he is in the office. And his wife was charged with conspiring with him to violate those Medicare rules”.
Selective enforcement
“We have some people from the Syracuse area that went with Voices in the Wilderness to Iraq. Those individuals and the organization Voices in the Wilderness never got criminal charges filed against them. Instead, the government imposed only fines. Our perception is that the only people that get criminal charges filed against them tend to be Muslims and Arabs. That raises questions about selective enforcement”.
Denis Halliday
Denis Halliday
Denis J. Halliday was the United Nations Humanitarian Coordinator in Iraq from September 1, 1997, until 1998. He is Irish and holds an M.A. in Economics, Geography and Public Administration from Trinity College, Dublin....
, former United Nations Humanitarian Co-ordinator in Iraq (1997–1998), said in regards of Dr. Dhafir’s case:
“I'm absolutely stunned by this information. I mean, it is an outrageous situation, particularly as we have just discussed the State Department breaching its own or the United Nations’ sanctions to the tune of $10 billion, allowing Saddam Hussein to export oil and import at the same time, and now we're prosecuting an American Iraqi? It's unbelievable”.
Following his arrest, in February 2003, both Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
and New York State Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Pataki
Pataki
Pataki may refer to:* Pataki * Hungarian name of the Potoky, Slovakia* Hayden v. Pataki- See also :* Potok * Potocki family, an artistocratic family originating from Potok in the Kraków Voivodeship...
characterized Dhafir as a "suspected terrorist". Prosecutors chose not to lay any charges for terrorism related crimes.
Defense attorney Devereaux Cannick, objected to a sentencing memorandum that included accusations of ties of terrorism, on the grounds that the prosecutors had not laid charges of terrorism because they suspected they did not have firm enough evidence to prove them.
His community took his defense: “Dr. Dhafir, he has been in the community for more than 20 years. He's an oncologist. He saves life. That's his job. His job is to save life here in this country. And he helps a lot of people in the community here. He gave students loans. He gave loans to people for interest-free. He never charged a penny…”
As of 2007, Dr. Dhafir is in the Communications Management Unit (CMU) in Terre Haute, Indiana
Terre Haute, Indiana
Terre Haute is a city and the county seat of Vigo County, Indiana, United States, near the state's western border with Illinois. As of the 2010 census, the city had a total population of 60,785 and its metropolitan area had a population of 170,943. The city is the county seat of Vigo County and...
.
An appeal was filed to the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
. Oral arguments were presented on August 28, 2008. Ruling almost a year later, on August 18, 2009, the court of appeals upheld Dr. Dhafir's convictions but vacated his sentence and remanded to the district court for resentencing. A Supreme Court appeal is available prior to the resentencing.
External links
- The "Free Rafil Dhafir" Website
- The Terrorism Case That Wasn’t, The NewstandardThe NewStandardThe NewStandard was an independent, nonprofit, ad-free news service. After nearly 3.5 years on line, The NewStandard discontinued publication on April 27, 2007...
, February 29, 2004 - Dhafir trial closed to terrorism claims: Prosecutors limited to fraud allegations, Daily Orange, October 18, 2005
- Dhafir gets 22 years in prison, Syracuse Post Standard, October 28, 2005
- Iraqi-Born Doctor Sentenced, Washington Post, October 28, 2005
- Muslim doctor gets 22 years for filtering donations to Iraq, The Auburn Citizen, November 2, 2005
- Funds of unlicensed charity funds to be parceled out, WSTM-TVWSTM-TVWSTM-TV is the NBC-affiliated television station for Central New York State licensed to Syracuse. It broadcasts a high definition digital signal on UHF channel 24 from a transmitter on Sentinel Heights Road in LaFayette. The station can also be seen on Verizon FiOS channel 3 and Time Warner channel 4...
, November 2, 2005 - Iraq Charity Director Sentenced to 22 Years for Nonviolent Crimes, The NewStandardThe NewStandardThe NewStandard was an independent, nonprofit, ad-free news service. After nearly 3.5 years on line, The NewStandard discontinued publication on April 27, 2007...
, November 3, 2005 - "As ‘Help the Needy’ Charity Trial Nears, Case Further Politicizes"