IN THE UNITED STATES DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

__________________________________________

JOHN DOE, in his capacity as the

executor of the Estate of JANE DOE,

in his personal capacity, and as the

personal representative of JANE DOE,

Plaintiff,

v. Civil Action No.

AL BARAKA INVESTMENT AND COMPLAINT

DEVELOPMENT CORPORATION, a/k/a AL

BARAKA BANK, a/k/a DALLAH ALBARAKA JURY TRIAL DEMANDED

GROUP, LLC

NATIONAL COMMERCIAL BANK

FAISAL ISLAMIC BANK

AL RAJHI BANKING AND INVESTMENT,

a/k/a AL RAJHI BANK

AL BARAKAAT EXCHANGE LLC, a/k/a AL-

BARAKAAT BANK

DAR AL MAAL AL ISLAMI

AL SHAMAL ISLAMIC BANK, a/k/a SHAMEL

BANK, a/k/a BANK EL SHAMAR

INTERNATIONAL ISLAMIC RELIEF

ORGANIZATION, a/k/a ISLAMIC RELIEF

ORGANIZATION, a/k/a INTERNATIONAL

RELIEF ORGANIZATION, a/k/a SUCCESS

FOUNDATION

SUCCESS FOUNDATION, INC.

MOHAMED S. OMEISH

ABDURAHMAN ALAMOUDI

KHALED NOURI

SULAIMAN AL-ALI

ABDULLAH M. AL-MAHDI

TAREQ M. AL-SWAIDAN

ABDUL AL-MOSLAH

SALAH BADAHDH

ABDULLAH BIN SALEH AL OBAID

HASSAN A.A. BAHFZALLAH

M. YAQUB MIRZA

SANABEL AL KHEER, INC., a/k/a THE

SANABELL,INC., a/k/a SANABEL AL KHAIR,

a/k/a SANABIL AL-KHAIR

MUSLIM WORLD LEAGUE, a/k/a RABITA

ALALAMAL-ISLAMI, a/k/a ISLAMIC WORLD

LEAGUE

MUSLIM WORLD LEAGUE OFFICES

ABDULLAH BIN SALEH AL-OBAID

HASSAN A.A. BAHAFZALLAH

YAQUB M. MIRZA

SAAR FOUNDATION, a/k/a SAAR NETWORK

ABU SULAYMAN

AHMED TOTONJI

HISHAM AL-TALIB

IQBAL YUNUS

JAMAL BARZINJI

M. OMAR ASHRAF

MOHAMMED JAGHLIT

MUHAMMAD ASHRAF

TAHA JABER AL-ALWANI

TARIK HAMDI

YAQUB MIRZA

SHERIF SEDKY

AFRICAN MUSLIM AGENCY

ARADI, INC.

GROVE CORPORATE, INC.

HERITAGE EDUCATION TRUST

INTERNATIONAL INSTITUTE OF

ISLAMIC THOUGHT

MAR-JAC INVESTMENTS, INC.

MAR-JAC POULTRY, INC.

MENA CORPORATION

RESTON INVESTMENTS, INC.

SAAR INTERNATIONAL

SAFA TRUST

STERLING CHARITABLE GIFT FUND

STERLING MANAGEMENT

GROUP, INC.

YORK FOUNDATION

RABITA TRUST

AL-HARAMAIN ISLAMIC FOUNDATION,

INC., A/K/A AL-HARAMAIN ISLAMIC

FOUNDATION, a/k/a ISLAMIC AL-HARAMAIN

AL HARAMAIN FOUNDATION

AL HARAMAIN ISLAMIC

FOUNDATION, INC.

AQEEL ABDUL-AZEEL AL-AQEEL

MANSOUR AL-KADI

SOLIMAN H.S. AL-BUTHE

PEROUZ SEDA GHATY

BENEVOLENCE INTERNATIONAL

FOUNDATION, a/k/a AL BIR AL DAWALIA,

a/k/a AL BIR SOCIETY ORGANIZATION

BENEVOLENCE INTERNATIONAL

FOUNDATION – USA

BENEVOLENCE INTERNATIONAL

FOUNDATION – CANADA

SYED SULEMAN AHMER

ENAAM MAHMOUD ARNAOUT a/k/a

ABDEL SAMIA a/k/a ABU MAHMOUD

MAZIN M.H. BAHARETH

SHAHIR ABDULRAOOF BATTERJEE

ZAHIR H. KAZMI

MUZAFFAR KHAN

SOLIMAN J. KHUDEIRA

JAMAL NYRABEH

WORLD ASSEMBLY OF MUSLIM YOUTH,

a/k/a WAMY INTERNATIONAL, INC., WORLD

ASSOCIATION FOR MUSLIM YOUTH

WAMY INTERNATIONAL, INC.

ABDULLAH BIN LADEN

IBRAHIM S. ABDULLAH

MOHAMMAD BIN FARIS

DR. MAHMOUD DAKHIL

OSAMA BIN LADEN

SAUDI BIN LADEN GROUP, a/k/a BIN LADEN

CORPORATION

TARIK BIN LADEN

KHALID BIN SALIM BIN MAHFOUZ

ABDULRAHMAN BIN KHALID BIN

MAHFOUZ

SALEH ABDULLAH KAMEL

MOHAMMED AL FAISAL AL SAUD

TURKI AL FAISAL AL SAUD

SULTAN BIN ABDUL AZIZ AL SAUD

SULAIMAN BIN ABDUL AZIZ AL RAJHI

SALEH ABDUL AZIZ AL RAJHI

ABDULLAH SULAIMAN AL-RAJHI

KHALID SULAIMAN AL-RAJHI

YASSIN ABDULLAH AL KADI

MOHAMMAD JAMAL AL KHALIFA

ADEL ABDUL JALIL BATTERJEE

AQUEEL AL-AQUEEL

ABDULLAH BIN SALEH AL OBAID

ABDUL RAHMAN AL SWAILEM

WA’EL HAMZA JALAIDAN

ABDULLAH OMAR NASEEF

THE REPUBLIC OF SUDAN,

Defendants.

__________________________________________

COMPLAINT

Plaintiff John Doe, by counsel, brings this action in his capacity as the executor of the estate of Jane Doe, in his personal capacity, and as the personal representative of Jane Doe, deceased. Plaintiff hereby sues Defendants arising from the terrorist attacks of September 11, 2001.

JURISDICTION AND VENUE

1. Jurisdiction arises pursuant to 28 U.S.C. §§ 1330(a), 1331 and 1332(a)(2), and 18

U.S.C. § 2388. Jurisdiction also arises based on defendants’ violations of 28 U.S.C. §§ 1605(a)(2), 1605(a)(5) and (a)(7) (the Foreign Sovereign Immunities Act), 28 U.S.C. § 1350 (“Alien Tort Act”), the Torture Victim Protection Act, PL 102-256, 106 Stat. 73 (reprinted at 28 U.S.C.A. § 1350 note (West 1993)), and 18 U.S.C. §2333. Plaintiff alleges that both personal and federal question jurisdiction exist and arise pursuant to these laws and statutes.

2. As herein alleged, actions for wrongful death, permanent personal injury, trauma, loss of consortium, companionship, survival, and related torts perpetrated by foreign states, such as The Republic of Sudan, through its agencies, instrumentalities, its officials, employees and/or agents, fall within the exceptions to jurisdictional immunity under 28 U.S.C. §§ 1605(a)(5) and 1605(a)(7).

3. Venue is both proper and convenient in this District pursuant to 28 U.S.C. §§ 1391(d) and 1391(f)(4).

PARTIES

4. Plaintiff John Doe is a United States national. Plaintiff also is the executor of the estate of Jane Doe, and the personal representative of Jane Doe, deceased. Plaintiff and Plaintiff’s decedent were husband and wife. Plaintiff’s decedent was also a national of the United States.

FACTUAL ALLEGATIONS AGAINST DEFENDANTS

BACKGROUND

5. Plaintiff incorporates herein all previous paragraphs, and further alleges upon information and belief: Osama bin Laden and al Qaeda have admitted responsibility for the September 11th terrorist attacks.

6. After numerous other al Qaeda terrorist attacks as described in part above, on September 11, 2001, al Qaeda co-conspirators Mohammed Atta, Abdul Alomari, Wail al-Shehri, Waleed al-Shehri, and Satam al-Suqami hijacked American Airlines Flight 11, bound from Boston to Los Angeles, and crashed it into the North Tower, or Tower One, of the World Trade Center in New York.

7. On September 11, 2001, al Qaeda co-conspirators Marwan al-Shehhi, Fayez Ahmed, a/k/a “Banihammad Fayez,” Ahmed al-Ghamdi, Hamza al-Ghamdi, and Mohald al-Shehri hijacked United Airlines Flight 175, bound from Boston to Los Angeles, and crashed it into the South Tower, or Tower Two, of the World Trade Center in New York.

8. On September 11, 2001, al Qaeda co-conspirators Khalid ad-Midhar, Nawaf al-Hazmi, Hani Hanjour, Salem al-Hamzi, and Majed Moqed hijacked American Airlines Flight 77, bound from Virginia to Los Angeles, and crashed it into the Pentagon in Arlington, Virginia.

9. On September 11, 2001, al Qaeda co-conspirators Ziad Jarrah, Ahmed al-Haznawi, Saaed al-Ghamdi, and Ahmed al-Nami hijacked United Airlines Flight 93, bound from Newark to San Francisco. In an act of defiant courage, the passengers of Flight 93 overtook the hijackers, resulting in its crash in Shanksville, Pennsylvania, prior to reaching its destination in Washington, D.C.

10. All nineteen (19) hijackers were members of Osama bin Laden’s al Qaeda terrorist group. Fifteen (15) of the nineteen suicide hijackers were Saudi Arabian nationals. All received sponsorship, training, support, funding through the Osama bin Laden and his al Qaeda terrorist network. Plaintiff’s decedent was killed Plaintiff was injured as a direct and proximate cause of the acts of these criminals, and the acts of their al Qaeda co-conspirators and sponsors, and the acts of Defendants herein to sponsor these reasonably foreseeable acts. As one federal court recently noted with respect to the statutes under which Plaintiff herein proceeds, 18 U.S.C. 2333 et. seq., the laws are clearly meant to reach beyond those persons who commit the violent act that directly causes the injury. Boim v. Quranic Literacy Institute, et al., 2002 WL 1174558 (7th Cir. Ill.).

The Banking Defendants

Al Baraka Investment and Development Corporation

11. Al Baraka Investment & Development Corporation (or “al Baraka”), a wholly owned subsidiary of Dallah Albaraka Group, is based in Jeddah, Saudi Arabia. Its investments include 43 subsidiaries, mainly banks in Arab and Islamic countries. Most of them are known as or registered as “al Baraka Bank.” United States assets include al Baraka Bancorp Inc. in Chicago, Illinois, and al Baraka Bancorp Inc. in Houston, Texas.

12. A memo from the Russia Federation’s Security Service details the al Baraka Bank’s role in funding Defendant al-Haramain:

On existing knowledge, part of the obtained financing comes from the

charitable collections (Zakat) and goes to the personal foreign accounts of

field commanders, including Khattab and Basayef.

13. Al Baraka Bank provided Osama bin Laden with financial infrastructures in Sudan beginning in 1983. For example, the use of al Baraka Bank by al-Haramain was confirmed by a statement from al-Haramain chairman, Aqueel al-Aqueel, who declared that the charity maintained accounts at Al Baraka bank in Saudi Arabia.

14. Al Baraka Investment & Development is mostly present in the Sudanese banking sector, through assets held in Algharb Islamic Bank, al Shamal Islamic Bank, Faisal Islamic Bank, Sudanese Islamic Bank and Tadamon Islamic Bank. Al Baraka is also affiliated with the National Development Bank in Sudan.

15. Defendant Saleh Abdullah Kamel, was born in Makkah, Saudi Arabia, in 1941. After being the adviser to the Saudi Minister of Finance, he founded in 1969 Dallah Albaraka Group LLC, quickly establishing himself as one of the leading promoters of an Islamic financial and banking system capable of rivaling large Western institutions.

16. Dallah Albaraka Group LLC, a diversified conglomerate based in Jeddah, Saudi Arabia, is involved in various industries, services and financial activities. The group includes 23 banks located mostly in the Arab and Islamic countries, in addition to several investment and financial companies.

17. Dallah Albaraka portfolio includes a wholly owned subsidiary specializing in aviation-services, Dallah Avco Trans-Arabia Co Ltd. The company was formed in 1975 and is based in Jeddah.

18. Two of the hijackers on September 11th of American Airlines Flight 77, Nawaf al Hazmi and Khalid al Mihdhar received funding from Omar al Bayoumi (a/k/a Abu Imard) a Saudi national who paid their house rent in San Diego. Al Bayoumi is listed as a suspect wanted by the FBI in connection with the September 11th attacks.

19. Omar al Bayoumi was Assistant to the Director of Finance for Dallah Avco, reference he gave in an application for admission to a doctoral program at Case Western Reserve University in Cleveland in 1998.

20. On May 5, 1998, Omar Al Bayoumi registered a fictious company name called Masjed al Madinah al Munawarah (Masjid al Madinah al Munawarah) based in San Diego, California.

21. On March 25, 1999 a mosque was registered in the state of Pennsylvania under the

name of Masjid al Madinah al Munawwarah Inc.

22. Dallah Albaraka financial arm is al Baraka Investment & Development (or “ABID”), a wholly owned subsidiary based in Jeddah.

23. Saleh Abdullah Kamel, Chairman of Dallah al Baraka and al Baraka Bank was one of the three founding members of al Shamal Islamic Bank in 1983, along with a Sudanese company, al Shamal for Investment and Development and the Government of Northern State, then controlled by Governor Mutasin Abdel-Rahim, representative of Hassan al-Turabi.

24. The involvement of Dallah Albaraka Group and al Baraka Bank in providing financial support and assistance to terrorist organizations is also revealed in the financing of the HAMAS terrorist group.

25. In 1998, al Aqsa Islamic Bank was established with $20 million in capital. Its main shareholders were Dallah al Baraka and the Jordan Islamic Bank. Jordan Islamic Bank, a Dallah al-Baraka subsidiary, owns 14 percent of al-Aqsa. Saleh Abdullah Kamel acknowledged that Dallah al-Baraka owns another 12 percent directly.

26. Since 1998, Israel had refused to approve the bank, citing its obvious ties with HAMAS. At the beginning of 2001, several antiterrorist authorities from that country even visited Citibank’s headquarters in New York to warn its directors of the nature of the bank’s activities.

27. Al Baraka Bank provided support to Al Haramain operations and helped transfer

funds for Osama bin Laden operations as reported by the Bosnian Intelligence Agency (Agency

for Investigation and Documentation – AID) in a memorandum titled “Some illegal activities of

humanitarian organizations investigated by the relevant investigative bodies of the Federation of

Bosnia Herzegovina (FbiH)”:

Records available for 1998 show a flow of money into the so-called

“operating” account of the HO [Humanitarian Organization] at the Deposti

Bank, Sarajevo, from the “main” account, sent from Saudi Arabia via the

Deutsche Bank and the Albaraka Bank in Turkey. The amount is

1,059,687 DEM [$2.13 million].

28. Al Baraka Turkish Finance House, al Baraka branch in Turkey is a subsidiary of

Dallah al Baraka Company.

29. A Bosnian Intelligence memo regarding the activities of al-Haramain states the

following:

Given all the above security factors, we believe that the clear lack of any

concrete humanitarian projects indicates that the existence of this HO

[Humanitarian Organization] was a fictitious cover . . .

30. The report establishes al-Haramain’s role in financing and assisting Osama bin

Laden operations.

[t]he Saudi HO [Humanitarian Organization] al-Haramain, . . . has acted

as a channel for financing the activites of terrorist organizations. . . .

According to available intelligence, the Sarajevo office assisted the

terrorist organization Gama al Islamija, while members of bin Laden’s el

Itihad al Islamija (AIAI) terrorist groups were employed at the Somalia

offices, which also financed their operations.

31. Additional allegations regarding Defendant al-Haramain are detailed below.

Al Shamal Islamic Bank

32. Al Shamal Islamic Bank was formed in the Republic of Sudan (or “Defendant Sudan” or “Sudan”) on April 1983, and started operations on January 2, 1990, with a paid capital of $3.9 million. Shares for subscription were issued between 1997 and 2000. In or about the same year of the bank’s formation, Osama bin Laden moved several of his Saudi businesses and assets, or extended the reach of these businesses and assets, into Sudan.

33. A State Department fact sheet on Osama bin Laden, dated August 14, 1996, notes his operations in Sudan since 1983: “In a 1994 interview, Bin Ladin claimed to have surveyed business and agricultural investment opportunities in Sudan as early as 1983.”

34. In 1989, Hassan al Turabi, installed a fundamentalist Islamic government in Sudan through a coup.

35. In 1991, Osama bin Laden settled in Sudan, by invitation of Hassan al Turabi and the Sudanese government. A 1996 State Department fact sheet on Osama bin Laden described his operations in the country beginning in 1991:

Bin Ladin relocated to Sudan in 1991, where he was welcomed by

National Islamic Front (NIF) leader Hasan al-Turabi. (¼) He embarked

on several business ventures in Sudan in 1990, which began to thrive

following his move to Khartoum. Bin Ladin also formed symbiotic

business relationships with wealthy NIF members by undertaking civil

infrastructure development projects on the regime's behalf.

36. Osama bin Laden’s close relationship with the new regime became “symbiotic” and

he conducted several business projects with or on behalf of the NIF. The 1996 State Department fact sheet continues:

Bin Ladin also formed symbiotic business relationships with wealthy NIF

members by undertaking civil infrastructure development projects on the

regime's behalf.

37. One of these investments concerned al Shamal Islamic Bank, as reported by the State Department:

Bin Ladin and wealthy NIF members capitalized al-Shamal Islamic Bank

in Khartoum. Bin Ladin invested $50 million in the bank.

38. Osama bin Laden’s involvement in business transactions and al Shamal Islamic Bank was confirmed by a 2002 Congressional Research Service Report for Congress:

In 1991, bin Laden relocated to Sudan with the approval of Sudan

National Islamic Front (NIF) leader Hasan al-Turabi. There, in concert

with NIF leaders, he built a network of businesses, including an Islamic

Bank (al Shamal), an import-export firm, and firms that exported

agricultural products. An engineer by training, bin Laden also used his

family connections in the construction business to help Sudan build roads

and airport facilities. The business in Sudan (¼) enabled him to offer safe

haven and employment in Sudan to al Qaeda members, promoting their

involvement in radical Islamic movements in their countries of origin

(especially Egypt) as well as anti-U.S. terrorism.

39. Al Shamal Islamic Bank was founded in 1983 by three individuals and entities: al

Shamal for Investment and Development, a Sudanese company; Defendant Saleh Abdullah Kamel, Chairman of the Saudi Dallah al Baraka Group, and the Sudanese Government of Northern State, then controlled by Governor Mutasim Abdul-Rahim, Secretary General of the National Congress Party in Khartoum, and representative of Hassan al-Turabi.

40. In April 1984, the al Shamal Bank issued shares to its main founders. They included the Government of Northern State, Defendant Faisal Islamic Bank – Sudan, Defendant Saleh Abdullah Kamel, his brother Omar Abdullah Kamel, and Defendant al Baraka Investment and Development (ABID), wholly owned subsidiary of Dallah al Baraka Group and property of Defendant Saleh Abdullah Kamel.