Shamsud-din Ali's appeal is denied; prison term looms

Imam Shamsud-din Ali, who in 2005 was sentenced to more than seven years in prison for his role in the City Hall corruption scandal, lost his federal appeal yesterday - meaning that the cleric, who has been free on bail, could be heading to prison soon.

In denying the appeal, a panel of the U.S. Court of Appeals for the Third Circuit said Ali had received a fair trial. "Though we do not see any error, in light of the overwhelming evidence presented at trial, any error would have been harmless," the court wrote.

"The next step would be for the [trial] judge to set a surrender date," said Rich Manieri, spokesman for the U.S. Attorney's Office in Philadelphia.

But James J. Binns, Ali's lawyer, said he might file a petition with the U.S. Supreme Court after discussing the matter with his client.

It would be up to U.S. District Judge Bruce W. Kauffman whether Ali could remain out on bail, Binns said.

Ali, 69, was convicted in June 2005 of fraud and racketeering charges related to several money-making extortion schemes and influence-peddling involving high-ranking city officials. He was the former imam at the Philadelphia Masjid and was considered one of the most influential Muslim leaders in the city - even after his conviction.

When Ali was sentenced, hundreds of his supporters had crowded into the courtroom and the Muslim clergy council known as the Majlis Ash'Shura of Philadelphia and the Delaware Valley stood behind him, saying they weren't convinced of his guilt.

Ali could not be reached for comment yesterday. Officials for the Philadelphia Masjid could not be reached.

The FBI's extensive wiretapping of Ali's phone in a drug probe led to a far-reaching investigation into how city contracts were doled out and to the 2003 bugging of Mayor Street's City Hall office.

Street was never charged, but several of his top associates were implicated in the corruption scandal. More than a dozen people, including former City Treasurer Corey Kemp, were later convicted.

Ronald A. White, a lawyer and one of Street's top political fund-raisers and advisers, was the primary target of one of the corruption investigations, but he died before the case went to trial. Like White, Ali was considered a friend of and political operative of the mayor's and used that connection to make corrupt deals.

During trial in U.S. District Court, prosecutors had argued that the charismatic leader used the Sister Clara Muhammad School, operated by Ali and his wife, Faridah Ali; a business they controlled; and his mosque to make tens of thousands of dollars in illegal income through a series of schemes.

Shamsud-din Ali appealed his conviction on the grounds that the trial judge allowed the jury to hear evidence about his contacts with drug dealers even though he had not been indicted on drug charges.

The Third Circuit panel found the references to the drug dealers were not prejudicial, especially since the judge had given the jury cautionary instructions.

"We believed all along that the evidence in this case was strong and are very pleased with the appeal court's decision to affirm the conviction," said Manieri.