An Australian man accused by the US government of using a charitable organisation in Massachusetts as a front to raise money to "support violent jihadists" will fight to clear his name.
Muhamed Mubayyid, a married father of three who lived in the US before his arrest, was sentenced last year to 11 months in an American federal prison.
At the completion of his sentence Mubayyid, 44, was deported to Sydney where his parents, brothers and sisters reside.
"He is an innocent man who was horribly convicted," Mubayyid's Boston-based lawyer, Michael Andrews said.
"It was a horrible case based on anti-Muslim fervour.
"He had no business being convicted."
When Mubayyid and two others, Emmadeddin Muntasser and Samir Al-Monla, were found guilty on January 11 last year after a five-week trial and nine days of jury deliberations, US authorities heralded the convictions.
"Today's verdict is a milestone in our efforts against those who conceal their support for extremist causes behind the veil of humanitarianism," Kenneth Wainstein, assistant attorney-general for US national security, said at the time.
"For years, these defendants used an allegedly charitable organisation as a front for the collection of donations that they used to support violent jihadists."
But Andrews said Mubayyid, a software engineer who was an unpaid, part-time treasurer of the Boston-based charity Massachusetts Care International Inc, was a victim of post-September 11 fear.
The judge handling the case later dismissed one of Mubayyid's convictions, for conspiring to defraud the US.
The judge acquitted Al-Monla of all convictions.
Prosecutors did not charge any of the men with financing terrorist groups, but pursued them on tax issues.
Mubayyid was convicted of scheming to conceal material facts, filing false tax returns and obstructing and impeding the US Internal Revenue Service.
"He was convicted of very odd tax charges," Andrews said.
"The government said he failed to answer a question on a tax form correctly and no-one has ever been prosecuted for failing to answer that question correctly.
"He is the first person in the United States to be convicted of this specific charge.
"It was really arcane, technical stuff."
Andrews said Mubayyid has lodged an appeal set to be heard in the 1st Circuit Court of Appeals in the US.
"He is appealing the conviction," Andrews said.
"He has a good name and wants it cleared up."
Muntasser, who founded the charity, was sentenced to one year in jail.
Prosecutor's alleged Mubayyid became Care's treasurer in or about 1997 and the organisation's website, which Mubayyid managed, "solicited for the Mujahideen".
"Care also solicited for the orphans and widows of martyrs through its orphan sponsorship program for the Mujahideen through its zakat program," US prosecutors alleged.
"None of the activities was disclosed to the IRS on any of the tax forms Mubayyid signed and/or filed."
AAP
© 2007 The Sydney Morning Herald
