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The Failure to Prosecute ISIS’s Foreign Financiers Under the Material Support Statute

  • Jimmy Gurulé
  • Sabina Danek
Chapter

Abstract

This chapter will provide an overview of the organizational structure of the US material support offence in 18 U.S.C. section 2339B. Next, this chapter will examine recent Department of Justice prosecutions against ISIS sympathizers under section 2339B, highlighting the frequent prosecution of US nationals for attempt and conspiracy to join ISIS in Syria as well as the lack of prosecutions of those who finance and enable ISIS abroad. Finally, this chapter argues the material support statute should be applied extraterritorially to prosecute foreign nationals providing such financial support and services to ISIS abroad. This chapter concludes by suggesting that prosecuting the financial enablers of ISIS under the material support statute is a more effective strategy to ultimately defeating ISIS than the current strategy of using elaborate sting operations to charge home-based “wannabe” terrorists.

Keywords

Prosecution Jurisdiction Liability Evidence-gathering Effectiveness 

Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Jimmy Gurulé
    • 1
  • Sabina Danek
    • 2
  1. 1.Notre Dame Law SchoolNotre DameUSA
  2. 2.Wilford Conrad LLPBarringtonUSA

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