Justice Department Refers Kinder USA's Harassment Complaint against FBI to FBI

For nearly three years, according to Kinder USA, the U.S. relief organization based in Dallas, TX, has endured harassment and surveillance of its board, staff and volunteers by the FBI and the U.S. Attorney's office in Dallas. In December 2006, Board Chair Dr. Laila Al-Marayati sent a letter to the Department of Justice Office of Inspector General (IG) detailing the problem and asking for an independent investigation. She asked the IG to "take steps to terminate the wasteful and illegal governmental activities directed against a lawful charity managed and operated by United States citizens for needy children in areas of conflict." A month later, the IG's office wrote back saying the complaint had been referred to the FBI Inspection Division.The Dec. 21, 2006, letter from Kinder USA to the IG's Civil Rights and Civil Liberties division spelled out a series of events the group said are "not based on any legitimate law enforcement purpose." Complaints against the FBI include:

• FBI visits to board members, the executive director and the Dallas office seeking interviews on Aug. 11, 2004, the day of a scheduled board meeting. Kinder says this was an attempt to disrupt the meeting and intimidate the board. One board member resigned out of fear for her livelihood and the emotional distress for her family.
• A September 2004 FBI interview of a Kinder employee where the Bureau alleged illegal acts by the group, and a subsequent interview at the employee's home where agents "quoted conversations that took place only during telephone calls," revealing electronic surveillance.
• An April 2005 interview with a Kinder employee where, in three hours of questioning, further telephone surveillance was revealed. The employee resigned "in fear of ongoing harassment by the FBI." That same month, a similar interview led a board member to resign.
• An overnight search of the Dallas office in February 2006

Kinder also urged investigation of the Dallas U.S. Attorney's office, which has been conducting a grand jury investigation of the group since November 2004. At that time, all the business records of the group were turned over to the grand jury pursuant to a subpoena. The grand jury has taken no action but has not closed its investigation. Kinder's letter says, "The use of the grand jury, in this manner and in this instance, to collect data but to neither indict nor conclude an investigation, casts a chilling effect on the exercise of the rights of the Board, staff and donors of Kinder USA and is per se government misconduct." Kinder temporarily suspended fundraising after the subpoena out of fear the funds would be seized by the Treasury Department.

The IG's office responded to Kinder on Jan. 23, saying the "matters you raise are more appropriate for review by another office or Agency", and forwarded the complaint to the FBI's Inspection Division. On Feb.1, Kinder's attorney, John Kilroy, wrote back urging the IG to reconsider, saying "the FBI cannot be fair and impartial when investigating itself…. I urge you to reconsider and to initiate a thorough and impartial investigation." The request was apparently rejected, because on Feb. 15, the FBI Inspection Division wrote to Kinder that their Investigation Section "has reviewed your allegations and has determined that there is no evidence of misconduct on the part of any FBI employee. Therefore, no further action will be taken by this office." The letter did not address the substance of any of the complaints. There was no mention of the complaint against the U.S. Attorney's office in any of the correspondence from the government.