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.
41. Among
the shareholders of the bank in April 1984, was Defendant Faisal Islamic Bank –
Sudan, a subsidiary of Islamic Investment Company of the Gulf (Bahrain) EC,
whose holding company is Defendant Dar-al-Maal al Islami (DMI), based in
Switzerland. The three entities are chaired by Defendant Mohammed al Faisal al
Saud, and controlled by Saudi investors.
42. Al
Shamal Islamic Bank Chairman and shareholder, Defendant Adel Abdul Jalil
Batterjee, is the Chairman of al-Bir Saudi
Organization, whose U.S. branch, Benevolence International Foundation (BIF), is
also a front for al Qaeda sponsorship.
43. Defendant Adel Abdul Jalil Batterjee
is both Chairman of the al Shamal Islamic
Bank and was also Chairman of a Saudi charity
organization subject to an FBI investigation for
terrorist activities (the World Assembly of
Muslim Youth).
44. Al
Shamal Islamic Bank General Manager Mohammad S. Mohammad acknowledged in a
September 2001 press release that Osama bin Laden had two accounts in the bank,
opened on March 30, 1992 for al-Hijrah for Construction and Development Ltd, a
company the U.S. State Department says “works directly with Sudanese military
officials to transport and provision terrorists training in [Osama bin Laden’s
terrorist training camps in northern Sudan].”
45. A
third al Shamal account was opened in 1993 in the name of Osama bin Laden’s
holding company, Wadi al Aqiq, a company registered in Saudi Arabia. The
import-export firm, “in conjunction with his Taba Investment Company Ltd.,
secured a near monopoly over Sudan's major agricultural exports of gum, corn,
sunflower, and sesame products in cooperation with prominent NIF members.
46. Al
Shamal Bank has repeatedly been used to fund criminal and terrorist activities.
A former bin Laden associate, Jamal Ahmed al-Fadl, testified during the U.S.
trial on the 1998 embassy bombings in Africa, that Osama bin Laden and at least
six al Qaeda operatives held bank accounts in al Shamal Islamic Bank under
their real names:[1]
Q. While you were in the Sudan, did you
handle money for Osama bin
Laden?
A. Could you repeat the question.
Q. Did you work on the finances for al Qaeda
while you were in the
Sudan?
A. Yes.
Q. Did you know where the bank accounts of
Osama bin Laden and al
Qaeda were?
A. Yes.
Q. Do you know whose names they were in?
A. The bank account under Osama bin Laden in
Bank Shaml [al Shamal
Islamic Bank], Khartoum.
Q. That was under Osama bin Laden's true
name?
A. Yes.
Q. Were there accounts in other names?
A. Yes. Afad Makkee got account also.
Q. Afad Makkee, the account that he had under
his name, do you know
what name that is?
A. I remember Madani Sidi al Tayyib.
Q. Do you know of any other persons who had
al Qaeda money in their
accounts?
A. Abu Rida al Suri.
Q. Do you know his true name?
A. Nidal.
Q. Anyone else that you knew had al Qaeda
money in bank accounts in
their name?
A. Abu Hajer al Iraqi.
Q. Do you know his true name?
A. Mamdouh Salim.
Q. Did you have any accounts in your name?
A. Shared with Abu Fadhl.
Q. So you had accounts in your name that were
shared with Abu Fadhl?
A. Yes.
Q. Do you recall anyone else that had bank
accounts in their name for al
Qaeda?
A. Abdouh al Mukhlafi.
47. Jamal
Ahmed al-Fadl also testified that al Qaeda operatives received monthly checks
of several hundred dollars from al Shamal Islamic Bank accounts:
Q. When you worked for Osama bin Laden, in
the Sudan, how much were
you paid?
A. $1,200 (¼)
per month.
Q. For how long did you work for him?
A. Almost two years.
Q. What banks did he keep his money at?
A. Bank el Shamar [Al Shamal Islamic Bank].
Q. Any other banks?
A. I think he had accounts in different
banks, but I only recall Bank
Shamar [al Shamal Islamic Bank].
48. Jamal
Ahmed al-Fadl also testified that he transferred $100,000.00 from al Shamal
Islamic Bank to an al Qaeda representative in Jordan:
Q. How did you carry the $100,000?
A. In my bag with my clothes.
Q. Do you recall what kind of bills the
$100,000 was in?
A. I remember they all hundred bill.
Q. Sorry?
A. They all hundred bill.
Q. They were all hundred dollar bills?
A. Yes.
Q. Who gave you the money?
A. Abu Fadhl, he bring it from Shamal Bank
[al Shamal Islamic Bank]
and he bring it to me.
Q. Abu Fadhl brought it from the Shamal Bank
[al Shamal Islamic
Bank]?
A. Yes.
49. During
the course of the same trial, another associate of Defendant Osama bin Laden,
Essam al Ridi, testified that the al Shamal Bank was used for al Qaeda operational
purposes, stating that "$250,000 was wired from al Shamal Islamic Bank” in
1993 via Bank of New York to a Bank of America account held in Dallas, Texas --
where he used it to “buy a plane delivered to bin Laden . . . intended to
transport Stinger missiles. . . .” in 1993.
50. Following
September 11, 2001, Chairman of the Senate Armed Services Committee and
Chairman of the Permanent Subcommittee on Investigation of the Governmental
Affairs Committee recently testified that Defendant al Shamal Islamic Bank
operations continue to finance terror and that there are indications that Osama
bin Laden remains the leading shareholder of that bank.
Al-Rajhi Banking and Investment Corporation
51. Officially
founded in 1987, Defendant al-Rajhi Banking & Investment Corporation, a/k/a
al-Rajhi Bank, has a network of nearly 400 branch offices throughout Saudi
Arabia and manages seventeen subsidiaries across the world. Defendant Sulaiman
Abdulaziz al-Rajhi is the Managing Director of al-Rajhi Banking & Investment
Corporation and Defendant Saleh Abdulaziz al-Rajhi is the Chairman.
52. The
al-Rajhi Banking & Investment Corporation is the primary bank for a number
of charities that serve as al Qaeda front groups. Al-Haramain Islamic
Foundation, the Muslim World League, and the International Islamic Relief
Organization all funnel terrorism financing and support through the al-Rajhi
banking system. One of the hijackers in the September 11th attack,
Abdulaziz al-Omari who was aboard American Airlines Flight 11, held an account
with al-Rajhi Banking & Investment Corporation.
53. Defendant
Sulaiman Abdul Aziz al-Rajhi has a history of financially supporting al
Qaeda terrorists. Sulaiman Abdul Aziz
al-Rajhi managed the National Commercial Bank budget of the Saudi Joint Relief
Committee (SJRC). The al-Rajhi family is the primary financier of the SAAR
Foundation Network and, as such, is implicated by the SAAR Network raids for
its ties to terrorism and Osama bin Laden. Saleh al-Rajhi has been closely
linked to Osama bin Laden’s personal secretary, Wadih el-Hage. When the Kenyan
house of Osama bin Laden’s personal secretary, Wadih el-Hage, was raided in
1997, information regarding Saleh al-Rajhi was discovered. Wadih el-Hage was
convicted for the 1998 United States Embassies bombings in Kenya and Tanzania.
54. Co-conspirators,
aiders and abettors of the al-Rajhi family include defendants: Sulaiman Abdul
Aziz al-Rajhi, Saleh al-Rajhi, Abdullah Sulaiman al-Rajhi, and Khalid Sulaiman
al-Rajhi, all of these Defendants do business in and have a significant
business presence in the United States through al-Watania Poultry, one of the
World’s largest poultry businesses, and through Defendants Mar-Jac Poultry,
Inc., Mar-Jac Investments, Inc. and Piedmont Poultry in the United States.
National Commercial Bank
55. The
Saudi National Commercial Bank (or “NCB”) was founded in 1950 by Salim bin
Mahfouz. The Jeddah based bank is now the first commercial bank of Saudi
Arabia, with profits of $613 million and assets of $26.5 billion in 2001. After
Salim’s death in 1986, his son Khalid bin Mahfouz became President and CEO of
the Saudi National Commercial Bank until 1999, and its principal shareholder
with control over more than 50% of the bank’s capital. The NCB has several
wholly-owned subsidiaries, including SNCB Corporate Finance Ltd. in London,
SNCB Securities Ltd. in London, and SNCB Securities Ltd. in New York City.
56. The National Commercial Bank was
involved between 1986 and 1990 in the fraudulent schemes and practices of the
Bank of Credit and Commerce International (or “BCCI”) after NCB Chairman Khalid
bin Salim bin Mahfouz became Chief Operating Officer and major shareholder of
BCCI. A 1992 United States Senate report on the BCCI affair detailed the role
played by the National Commercial Bank in hiding assets and in the cover-up and
obstruction of the Senate investigation. The National Commercial Bank was used
by Osama bin Laden and al Qaeda as a financial arm. The NCB was operated as a
financial conduit for Osama bin Laden’s operations. As a former CIA
counter-terrorism expert explained:
How does the al Qaeda organization fund its
worldwide network of cells
and affiliated groups? Several businessmen in
Saudi Arabia and in the
Gulf contribute monies. Much of the money is
paid as ‘protection’ to
avoid having the enterprises run by these men
attacked. There is little
doubt that a financial conduit to Bin Laden
was handled through the
National Commercial Bank, until the Saudi
government finally arrested a
number of persons and closed down the
channel. It was evident that
several wealthy Saudis were funneling
contributions to Bin Laden through
this mechanism. Now, it appears, that these
wealthy individuals are
siphoning off funds from their worldwide
enterprises in creative and
imaginative ways.
57. Defendant
Khalid bin Salim bin Mahfouz was born in Hadramaut, Yemen, on September 12,
1928, Khalid bin Salim bin Mahfouz is the son of Salim bin Mahfouz, who
emigrated in Saudi Arabia in or about 1930. His father founded in 1950 the
first commercial bank of Saudi Arabia, the National Commercial Bank (NCB),
based in Jeddah. The National Commercial Bank is today kingdom’s largest bank.
58. The
bin Mahfouz family businesses are organized through a series of holding
companies, including a conglomerate, Saudi Economic and Development Company LLC
(Sedco), founded in 1976 and based in Jeddah, and a petroleum company, Nimir
Petroleum, chaired by Khalid bin Mahfouz’s son.
59. Between
1986 and 1990, Khalid bin Salim bin Mahfouz was Chief Operating Officer of the
Bank of Credit and Commerce International (BCCI). After several fraudulent
practices were discovered, Khalid bin Salim bin Mahfouz was indicted on July 1,
1992 on charges of participation in a Scheme to Defraud in the First Degree in
violation of New York Penal Law § 190.65, in connection with certain of
defendant's acts and omissions relative to BCCI Holdings and certain related
entities. The indictment alleges a series of misrepresentations, sham loans,
and fraudulent conduct in failing to disclose the status of defendant's
interest in BCCI.
60. Under
Khalid bin Salim bin Mahfouz, the BCCI was also implicated in supporting
terrorism, as reported by the United States
Senate.
In the course of targeting BCCI for
laundering drug money, the CIA
learned of BCCI's involvement in manipulating
certain financial markets,
in arms trafficking, and in supporting
international terrorism, including
handling the finances of Sabri al-Bannah or
Abu Nidal, and his terrorist
organization.
61. The
1992 Senate investigative Report detailed the initial involvement of the BCCI
in terrorism financial support.
BCCI's support of terrorism and arms
trafficking developed out of several
factors. First, as a principal financial
institution for a number of Gulf
sheikhdoms, with branches all over the world,
it was a logical choice for
terrorist organizations, who received payment
at BCCI-London and other
branches directly from Gulf-state patrons,
and then transferred those funds
wherever they wished without apparent
scrutiny. Secondly, BCCI's
flexibility regarding the falsification of
documentation was helpful for
such activities. Finally, to the extent that
pragmatic considerations were
not sufficient of themselves to recommend
BCCI, the bank's pan-third
world and pro-Islam ideology would have
recommended it to Arab
terrorist groups.
62. After
Salim bin Mahfouz’s death in 1986, Khalid bin Salim bin Mahfouz became
President and CEO of the Saudi National Commercial Bank until 1999 and its
principal shareholder with control over more than 50% of the bank’s capital.
63. A
bank audit of the National Commercial Bank conducted in 1998 revealed that over
a 10 year period $74 million were funneled by its Zakat Committee to the
International Islamic Relief Organization, headed by Osama bin Laden’s
brother-in-law.
64. The
NCB audit report also stressed various irregularities due to “unreported
expenses and loans.” It states that “without knowledge of the Zakat Committee,
NCB Directors established over the years credit and loans facilities for
several charitable organizations, along with banking facilities that were not
reviewed by the Committee.” Direct donations were “received through those
facilities to the Red Crescent Saudi Committee, International Islamic Relief
Organization and Muwafaq Foundation.”
65. The
NCB audit report points out a $3 million transfer to Blessed Relief Foundation,
a supporter of Osama bin Laden founded by Khalid bin Salim bin Mahfouz. Khalid
bin Salim bin Mahfouz was dismissed from the NCB in 1999 soon after the bank’s
audit report and placed under arrest in Taif. Former CIA Director James Woolsey
testified before the Senate Judiciary Committee that along with the “financial
ties” to Osama bin Laden, Khalid bin Salim bin Mahfouz was Osama bin Laden’s
brother-in-law by his marriage to bin Mahfouz’s sister Kaleda. Khalid bin
Mahfouz set up various charity organizations around the world since 1991. Every
of these foundations was linked to al Qaeda and involved in the financing of
Osama bin Laden operations.
Dar al Maal al Islami
66. Dar
al Maal al Islami (or “House of Islamic Money”) and (or “DMI”) is the
registered name for DMI Administrative Services SA. The company is located at
avenue Louis-Casai 84, in Cointrin, Switzerland. DMI Administrative Services SA
replaced Dar al Maal al Islami on February 5, 2002. DMI activities started July
29, 1981. Until 1983, DMI SA was under M. Ibrahim Kamel’s chairmanship. On
October 17, 1983, Prince Mohamed al-Faisal al-Saud became CEO. Under Mohammed
al Faisal al Saud’s chairmanship, DMI developed banking, investment and
insurance activities in approximately 20 offices in the world. DMI operates
especially abroad in Islamic countries. Investments are conducted under Islamic
rules by means of Arab savers:
The $3.5 billion DMI Trust, whose slogan is
“Allah is the purveyor of
success,” was founded 20 years ago to foster
the spread of Islamic banking
across the Muslim world. Its 12-member board
of directors includes
Haydar Mohamed bin Laden, a half-brother of
Osama bin Laden.
67. DMI
is currently chaired by Abdulkarim Khaled Uusuf Abdulla who replaced Prince
Mohamed al-Faisal al-Saud in early 2002. DMI is involved in al Qaeda financing
through several subsidiaries: Islamic Investment Bank of the Gulf, Faisal
Islamic Bank, Tadamon Islamic Bank, and al Shamal Islamic Bank.
68. DMI
holds 100% of Islamic Investment Company of the Gulf. Mohamed al-Faisal al-Saud
chairs Islamic Investment Company of the Gulf. Osama bin Laden’s brother,
Haydar Mohamed bin Laden, used to be a director of the company. Islamic
Investment Company of the Gulf (Bahrain) EC is the main shareholder of Faisal
Islamic Bank of Sudan, chaired by Mohamed al-Faisal al-Saud.
Faisal Islamic Bank
69. Faisal Islamic Bank subsidiary of Islamic
Investment Company of the Gulf (Bahrain) EC, was one of the five main founders
of al Shamal Islamic Bank in April 1984 and became member of the board in July
1988.
70. Defendant
Faisal Islamic Bank was implicated during the 2001 U.S. trial on the 1998
embassy bombings in Africa as holding bank accounts for al Qaeda operatives. A
former finance manager for al Qaeda in Khartoum, Jamal Ahmed al-Fadl,
testified:
Q. Where were the accounts [of al Qaeda]
held? In what countries?
A. (¼) we
got account in Bank Faisl Islami [Faisal Islamic Bank].
Q. Is that also in Khartoum?
A. Yes.”
71. Defendant
Faisal Islamic Bank’s subsidiary in Turkey is currently under investigation by
the Istanbul Prosecutor’s Office on charges of tax irregularities concerning
seven executives. Prosecutors are demanding three years imprisonment for the
executives including Defendant Mohammed al Faisal al Saud.
Al Barakaat Exchange LLC
72. Al
Barakaat Exchange LLC (or “al Barakaat”) is a bank based in Dubai, United Arab
Emirates, with several branches located around the world. The United States
government designated al Barakaat and its branches terrorist entities on
November 7, 2001, and froze the organization’s assets. Two of the U.S.
branches—in Boston, MA, and Alexandria, VA—were accused of racketeering and
conspiracy to avoid reporting financial transactions, respectively. The members
of the Alexandria branch have pled guilty.
73. Under
Secretary for International Affairs John B. Taylor has described al Barakaat as
a premier financial transfer system for al Qaeda:
Al Barakaat is a financial conglomerate
headquartered in Dubai that
operates in 40 countries including the United
States. The founder of the
organization, Shaykh Ahmed Nur Jimale, has
close links with Usama bin
Laden and has used al Barakaat to facilitate
the financing and operations
of Al Qaida and other terrorist
organizations.
74. Secretary
O’Neill corroborated al Barkaat’s funding of al Qaeda:
The al Barakaat companies are the money
movers, the quartermasters of
terror. At core, it is a hawala conglomerate
operating in 40 countries
around the world with business ventures in
telecommunications,
construction, and currency exchange. They are
a principal source of
funding, intelligence and money transfers for
bin Laden.
75. Al
Barakaat has branches in Minnesota, Massachusetts, Ohio and Washington
State. All of the al Barakaat group of
companies are co-conspirators, aiders and abetters of al
Qaeda.
THE CHARITY DEFENDANTS
THE CHARITY FRONTS OF TERROR
76. Shortly
after September 11, the United States Treasury Department designated a spree of
charities as terrorist entities and froze their assets. These included the
Rabita Trust, al-Haramain, al-Rashid Trust, Wafa Humanitarian Organization, and
others. Furthermore, the Treasury Department froze the assets of the
Benevolence International Foundation and the Global Relief Foundation. Many of
these charities are Saudi funded. Then, in a series of raids over two days in
March 2002, federal and local officials stormed the offices of several
locations in Virginia and Georgia. These locations housed numerous charities
suspected of funneling money to and from al Qaeda.
77. Islamic
fundamentalists have usurped the charity as a means to fundraise and travel the
world easily and efficiently. Numerous charities around the world have been
pinpointed as used for terrorist purposes. Some have been shut down, while
others have continued to thrive, raising new funding for their terrorist
activities.
78. Al
Qaeda itself sprung from Mekhtab al Khidemat (Arabic for the “Office of
Services”), which was a charitable organization with offices all over the
world. In the United States indictment of al Qaeda and Osama bin Laden for the
1998 United States Embassy bombings in East Africa, the government noted that:
[Al-Qaeda] grew out of the “mekhtab al
khidemat” organization which
had maintained offices in various parts of
the world, including
Afghanistan, Pakistan (particularly in
Peshawar) and the United States,
particularly at the Alkifah Refugee Center in
Brooklyn, New York.
79. The
charity defendants in this action are used as terrorist fronts, to mask money
transfers and provide cover for terrorist operatives.
Al-Haramain Islamic Foundation, Inc.
80. The
Saudi Arabian-based al-Haramain Islamic Foundation Inc. (or “al- Haramain”) is
a private charitable organization that is supposed to provide a variety of
humanitarian services for Muslims worldwide. Established in Riyadh in 1992,
al-Haramain has quickly developed a vast network of offices and representatives
that now spans over fifty countries, including the United States. Al-Haramain
raises most of its funds from Saudi Arabia where it oversees the distribution
of its resources across the world.
81. Although
al-Haramain incorporates in many of the countries in which it operates
these branches are still controlled primarily
from al-Haramain’s headquarters in Riyadh, Saudi Arabia. The President and
Vice-President of the United States branch, Aqeel al-Aqeel and Mansour al-Kadi,
both reside in Riyadh, Saudi Arabia where they run all of al-Haramain
worldwide. Defendant al-Haramain Islamic Foundation, Inc., is a Saudi charity
front that has exploited its non-profit status for the benefit of Osama bin
Laden and his terrorist network al Qaeda. In doing so, al-Haramain has
developed an extensive worldwide network. Many of al- Haramain’s foreign
branches have been exposed for providing direct and material support to al
Qaeda. The United States State Department has designated two of al-Haramain’s
branches located in Bosnia and Somalia, as terrorist entities and frozen the
assets of both. The leaders of al-Haramain have direct links to al Qaeda.
82. In
December of 1999, al-Haramain conducted a joint fundraising event with known al
Qaeda front, the defendant International Islamic Relief Organization (IIRO) and
suspected front, the World Assembly of Muslim Youth (WAMY) in Riyadh, Saudi
Arabia. Al- Haramain and its co-conspirators also solicit and operate widely in
the United States.
83. Co-conspirators,
aiders and abettors of the al-Haramain Islamic Foundation include defendants:
Al Haramain Foundation, Al Haramain Islamic Foundation, Inc., Aqeel Abdul-Azeel
al-Aqeel, Mansour al-Kadi, Soliman H.S. al-Buthe, and Perouz Seda Ghaty, all
located doing business or registered to do business in the United States.
Al-Haramain’s Humanitarian Efforts Used to
Conceal Support for al Qaeda
84. Al-Haramain’s
self-titled “Most Important Aims” include relief work in areas of the world
where Muslims are deprived. An unwritten, though no less important, aim of
al-Haramain is providing assistance to Osama bin Laden’s al Qaeda.
85. Intelligence
officials throughout the world have acknowledged that al-Haramain exploited its
non-profit status in secreting its aid to terrorist groups. In referring to
al-Haramain in a speech given on March 11, 2002, U.S. Treasury Secretary Paul
O’Neill, stated:
Few deceits are more reprehensible than the
act of collecting charity from
well-intentioned donors, and then diverting those
funds to support hatred
and cruelty. As I said during my visit to the
Gulf, misusing charity funds
to support terrorism harms the people who
gave the donation, harms the
people who should have received it and is
dangerous to us all. Organizations
that pervert the name of charity are an
affront to us all, and
we will find them, expose them, and shut them
down.
86. After
the June 2, 2002, raids of al-Haramain offices in Bosnia, the Commander of the
NATO-led forces in Bosnia, Lieutenant General John Sylvester stated:
We detected a pattern here . . . for
terrorist cells and those who aid and
harbor them to operate behind the shield of
legitimate humanitarian . . .
organizations¼.
They were preaching good, and sometimes doing good,
while plotting evil.
87. On
March 11, 2002, the United States froze the funds of the Bosnia-Herzegovina and
Somalia branches of the al-Haramain Islamic Foundation. These branches of
al-Haramain were “diverting charitable funds to terrorism.” The United States
Treasury Department issued a Press Release about the designations that stated:
The branch offices of al Haramain in Somalia
and Bosnia are clearly
linked to terrorist financing.
88. Although
al-Haramain in Saudi Arabia was not included in this designation, the Bosnian
and Somali branches receive their funding and guidance from the al-Haramain
headquarters in Riyadh, Saudi Arabia.
89. Al-Haramain’s
Bosnia and Somalia offices and the rest of al-Haramain are closely intertwined.
al-Haramain’s headquarters provides the funding, management, and direction of
the Somalian and Bosnian branches. The headquarters also maintains one website
that covers al- Haramain worldwide and, on occasion, devotes certain pages of
its website to certain individual branches.
90. A
United States Treasury Department Press Release marking the formal terrorist
designation stated that al-Haramain worked with the al Qaeda linked
Somali-based terrorist group al-Itihaad al-Islamiya and the al Qaeda financial
vehicle al-Barakaat Bank:
The Somalia office of al-Haramain is linked
to Osama bin Laden's al
Qaeda network and al-Itihaad al-Islamiya
(AIAI), a Somali terrorist group.
al-Haramain Somalia employed AIAI members and
provided them with
salaries through al-Barakaat Bank, which was
designated on November 7,
2001 under E.O. 13224 because of its
activities as a principal source of
funding, intelligence and money transfers for
Osama bin Laden.
91. The
cooperation between al Qaeda and AIAI has not ceased. The 2002 United States
Department of State’s Patterns on Global Terrorism report states that AIAI is a
terrorist group that maintains ties to al Qaeda. The Treasury Department Press
Release about the designation also states that al-Haramain’s support of AIAI
has been concealed under its humanitarian cover:
Over the past few years, al-Haramain Somalia
has funneled money to
AIAI by disguising funds as if they were
intended for orphanage projects
or Islamic school and mosque construction.
The organization has also
employed AIAI members and provided them with
salaries through
Barakaat Banks and Remittances, a subsidiary
of al-Barakaat Bank.
92. This
concert of action, and abetting of terror is precisely the marker of the
offensive upon the United States that culminated on September 11th.
Al-Haramain’s Ties to al Qaeda’s 1998 U.S.
Embassy Bombings
93. The
al-Haramain Islamic Foundation was banned from Kenya for national security
concerns following the 1998 Embassy Bombings. Osama bin Laden and al Qaeda were
convicted by the United States in 2001 for plotting and executing these dual
attacks in Nairobi, Kenya, and Dar Es Salaam, Tanzania, which killed 224
people, including 12 Americans, and injured more than 4,000. These indictments
and convictions demonstrate the United States government’s belief that both
Osama bin Laden and al Qaeda commit acts within and outside the United States
which trigger the United States Courts’ jurisdiction over such entities.
94. The
United States Treasury Department Press Release following the March 11,
2002, designation of al-Haramain’s Bosnian
and Somalia offices states its connection to the
terrorist group al-Gama’at al-Islamiyya:
The Bosnia office of al-Haramain is linked to
al-Gama'at al-Islamiyya, an
Egyptian terrorist group. Al-Gama'at
al-Islamiyya was designated on
November 2, 2001 and it is a signatory to
Osama bin Laden's Fatwah
dated February 23, 1998, targeting Americans
and their allies.
95. In
March 2002, Bosnian officials raided al-Haramain’s Sarajevo office and
discovered more proof of al-Haramain using its humanitarian image as a cover
for terrorism. A Bosnian intelligence report explains how investigators
discovered that al-Haramain’s financial records from 1994 through 1998 had been
destroyed and that $1.59 million had been inexplicably withdrawn from the
charity between 1999 and 2001. The Bosnian intelligence report about the March
2002 raids also stated: “We believe that the clear lack of any concrete
humanitarian projects indicates that the existence of this organization was a
fictitious cover for probable links with terrorism.” In 2001, the Saudi-based
al-Haramain aided al Qaeda terrorists groups in Chechnya by providing them with
recruits, weapons, and money.
96. Al-Haramain’s
website used to have a direct link to the al Qaeda site about the Chechnyian
operations (qoqaz.com). The website is part of the al Qaeda propaganda
organization, Azzam Publications group of websites, including qoqaz.com,
qoqaz.net, and azzam.com (among others). The Government of the United States
has been tracking the domains of azzam.com and qoqaz.com in an ongoing effort
to shut-down the sites for their role as an al Qaeda sponsor, promoter and
mouthpiece. FBI Special Agent Robert Walker described qoqaz.net, the
English-language equivalent of qoqaz.com, in his April 29, 2002, Affidavit in
Support of Complaint Against Benevolence International Foundation, Inc. and
Enaam M. Arnout. In his Affidavit, Walker stated that qoqaz.net leverages its
relationship with charities:
In or about early 2000, a website
(www.qoqaz.net) dedicated to the cause
of Chechen mujahideen identified the leaders
of the military fight in
Chechnya as including Ibn al Khattab and
included pictures of mujahideen
training as well as killed mujahideen. CW-1
has identified Ibn al Khattab
as a well-known mujahideen leader with links
to Osama bin Laden. . . .
The website condemned America . . .
97. Shortly
after the merger of Egyptian Islamic Jihad with Osama bin Laden’s al Qaeda
(See, Sudan allegations, supra), Ahmed Ibrahim al-Najjar, initially a
member of the Egyptian Islamic Jihad, was sent on a new mission to Albania to
work for al-Haramain. After al-Najjar was deported from Albania to Egypt in
1999, he was sentenced to death for terrorism. In his testimony, al-Najjar
admits to being a full-fledged al Qaeda member who entered Albania with a false
passport and who, like many other al Qaeda operatives, was engaged in purported
humanitarian activities while waiting for new orders to act. The case of
al-Najjar is but one example of a senior al Qaeda operative who not only found
refuge from authorities with al- Haramain, but a platform from which to wage
war and promote the use of terror.
98. Al-Haramain
took part in a committee of charitable organizations that formed the Saudi
Joint Relief Committee (or “SJRC”). Along with al-Haramain, the SJRC is
comprised of the IIRO, WAMY, the Saudi Red Crescent, and the Muslim World
League, among others. The SJRC has been connected to Osama bin Laden and two of
his top operatives, Wa’el Hamza Jalaidan and Adel Muhammad Sadiq bin Kazem.
Al-Haramain has been able to continue its cooperation with al Qaeda for years
in large part due to its ostensible appearance as a humanitarian organization.
99. In
the United States, al-Haramain has three business entities in Ashland, Oregon:
al-Haramain Foundation, al-Haramain Islamic Foundation, and al-Haramain Islamic
Foundation, Inc. All three of these separately filed businesses are at the same
address and under the same management. These three businesses are one and the
same as al-Haramain’s headquarters in Riyadh, Saudi Arabia. The President and
Vice-President of the United States branch, Aqeel al-Aqeel and Mansour al-Kadi,
are the Secretary General and Deputy General, respectively, of the Riyadh
office. The al-Haramain branch in Ashland, Oregon, is specifically linked to al
Qaeda and the branch in Kenya that was banned for national security concerns
following the 1998 Embassy Bombings.
100. Al-Haramain
Ashland states in its year 2000 Form 990 that it operates an Islamic
center in Springfield, Missouri. Corporate
records reveal that al-Haramain owns the property of 2151 E. Division St.,
Springfield, Missouri, which is the location of the Islamic Center of
Springfield.
Benevolence International Foundation Inc.,
a/k/a Al Bir al DaWalia
101. The
Benevolence International Foundation (or “BIF”), headquartered in Palos Hills,
Illinois, purports to be an international charity organization involved in
fundraising for charitable causes. BIF has offices in Pakistan, Bosnia,
Azerbaijan, Tajikistan, Yemen, Bangladesh, Turkey, Dagestan, Georgia, China and
Ingueshetia.
102. The
organization known as “al Bir al Dawalia,” which translated from Arabic means
“Benevolence International,” was originally founded in the 1980’s by a wealthy
Saudi Arabian national named Adil Abdul Galil Batargy, who was an associate of
Osama bin Laden. Adil Abdul Galil Batargy later transferred control of the
organization to the current Chief Executive Officer Enaam M. Arnaout.
103. BIF
was incorporated in the State of Illinois as a non-profit organization on or
around March 30, 1992. One of the directors listed on the incorporation
documents is Defendant Adel Abdul Jalil Batterjee a/k/a Adil Abdul Galil
Batargy. Enaam Arnaout has been affiliated with BIF since at least 1992.
104. Evidence
introduced in the criminal trial of United States v. Usama Bin Laden, et al.,
Case Number S98 Cr. 1023, United States District Court, Southern District of
New York, and gathered in the related investigation, demonstrated that al Qaeda
sought and received a substantial amount of financial support from numerous
international sources for the procurement of equipment (including weapons and
communication equipment), recruitment, training, transportation, and lodging,
among other expenses. In addition, al Qaeda terrorists receive training in how
to avoid law enforcement and intelligence scrutiny and have a proven ability to
travel surreptitiously. They are also taught to avoid putting matters in
writing.
105. Al
Qaeda members have held positions in BIF and this charity is one of the
organizations utilized by al Qaeda.
106. Once
money was withdrawn from the bank accounts of relief organizations, its use by
al Qaeda was virtually untraceable. According to an affidavit of Special Agent
Robert Walker of the FBI, an al Qaeda witness explained that the money would
almost always be withdrawn in cash, and the relief organizations from whose
account the money was taken would generate paperwork which indicated that all
the money was being used for charitable purposes such as building mosques or
schools, or providing for or clothing for the poor. According to this
affidavit, only a portion of the money withdrawn was actually used for the
purposes stated by the relief organizations. The remaining funds were provided
to al Qaeda for whatever use al Qaeda deemed necessary. This is consistent with
evidence adduced at the 1995 trial in the Southern District of New York of
persons convicted of seditious conspiracy involving the 1993 plot to attack
various buildings in New York. One of the defendants admitted that he had been
smuggling money into the United States.
107. On
or about March 19, 2002, law enforcement authorities in Bosnia-Herzegovina
searched eight locations affiliated with BIF, including BIF’s offices in that
country. The documents recovered included documents establishing direct
communication between Enaam Arnaout and Osama bin Laden and others in the late
1980’s and early 1990’s. The documents included a disk found at BIF’s office in
Bosnia which included scanned images of these documents.
108. On
December 16, 1994, Defendant Mohamad Jamal Khalifa, while traveling with the
aforementioned Bayazid, was detained in San Francisco by American officials. At
the time, Mohamad Jamal Khalifa had been living for a substantial period of
time in Manila, the Philippines, and was affiliated with a number of entities,
including a non-government organization known as Benevolence International
Corporation (or “BIC”) and the International Islamic Relief Organization (or
“IIRO”). At the time of his travel, Mohamad Jamal Khalifa had been convicted in
absentia in Jordan for his alleged involvement in 1993 and 1994 in a series of
bombings of public places in Jordan. Two of the principal participants in the
bombing were Jordanians who had spent time with Mohamad Jamal Khalifa in the
Philippines but who had then returned to Jordan to conduct these bombings and
contemplated assassinations. Mohamad Jamal Khalifa was then retried – and
acquitted – after his extradition from San Francisco to Jordan following the
December 1994 stop. At his Jordanian trial, Mohamad Jamal Khalifa admitted to
the Jordanian authorities that he had known the bombers and had sent them
money.
109. Mohamad
Jamal Khalifa, alias “Abu Baraa,” is referenced on a historical document
recovered in the searches of BIF locations in Bosnia in March 2002. On or about
November 19, 1998, telephone toll records indicate that BIF’s Illinois office
was in telephonic contact with a telephone number in Saudi Arabia used by
Khalifa.
110. Financial
records obtained from Citibank indicate that in the four month period from
January 4, 2000, to April 11, 2000, BIF sent nineteen (19) wire transfers from
its checking account, number 980110435, in the amount of $685,560.
111. A
folder recovered in another BIF search in December 2001, indicated handwritten
notations in Arabic which included the statements:
Contribute with your mujahideen brothers to
repel the Crusader-Zionist
attack on Muslim lands.
Steeds of war projects.
112. The
reference to “steeds of war projects” is an apparent reference to a verse in
the Koran which reads: “Against them [the enemies] make ready your strength to
the utmost of your power, including steeds of war, to strike terror into the
hearts of the enemies . . . .”
113. On
April 21, 1999, evidence recovered by the FBI from BIF’s office in Palos Hills,
Illinois, included, among other things, a copy of a February 1999 article in
the Seattle Times concerning small pox as a biological terrorism weapon. The
sections of the text indicating that federal, state and local authorities are
poorly prepared for a biological attack involving smallpox were highlighted. In
none of BIF’s advertisements of its humanitarian causes has it ever indicated
that it was dealing with the issue of small pox in any country.
114. BIF
claims to be a charitable organization but in fact is engaged in the support of
various persons and groups involved in military and terrorist type activity.
115. Enaam
Arnaout has a relationship with Osama bin Laden and many of his key associates
dating back more than a decade, as evidenced by cooperating witnesses and
seized documents. BIF is an organization that al Qaeda has used for logistical
support, including the movement of money to fund its operations, according to a
cooperating witness familiar with al Qaeda. Various persons involved in
terrorist activities, specifically including persons trying to obtain chemical
and nuclear weapons on behalf of al Qaeda have had contacts with BID offices
and personnel.
116. Benevolence
International Foundation has had direct dealings with representatives of the
Chechen insurgents as well as Hezb e Islami, a military group operating at
various times in Afghanistan and Azerbaijan. Benevolence International
Foundation made efforts to provide the Chechen mujahideen with money, an X-ray
machine, and anti-mine boots, among other things.
117. On
December 14, 2001, searches were conducted of the offices of Benevolence
International Foundation in Palos Hills, Illinois, and in Newark, New Jersey,
along with the home of its chief executive officer, Enaam M. Arnaout, removing
materials from each place.
118. Also
on December 14, 2001, the Treasury Department’s Office of Foreign Asset Control
(or “OFAC”) issued an order blocking BIF’s assets and records, pending further
investigation into BIF’s ties to terrorists. Enaam M. Arnaout, Chairman of BIF,
has a relationship with Osama bin Laden and key associates dating back more
than a decade. The BIF is used by al Qaeda for logistical support; terrorists
attempting to obtain chemical and nuclear weapons on behalf of al Qaeda have
contacts with the BIF and its office personnel; and BIF has had direct dealings
with al Qaeda operatives, providing them with military and financial support.
119. According
to a government witness, Enaam M. Arnaout was planning in March 2002, to leave
for Jeddah, Saudi Arabia
120. Co-conspirators,
aiders and abettors of the Benevolence International Foundation, a/k/a al-Birr
al-Dawalia, include defendants: Benevolence International Foundation – U.S.A.
(Main Office), Benevolence International Foundation – U.S.A. (East Coast
Office), Benevolence International Foundation – Canada, Syed Suleman Ahmer,
Enaam Mahmoud Arnaout, a/k/a Abdel del Samia, a/k/a Abu Mahmoud, Mazin M.H.
Bahareth, Shahir Abdulraoof Batterjee, Zahir H. Kazmi, Muzaffar Khan, Soliman
J. Khudeira, and Jamal Nyrabeh, all located, doing business or registered to do
business in the United States.
121. World
Assembly of Muslim Youth is an al Qaeda front. Co-conspirators, aiders and
abettors of the World Assembly of Muslim Youth, a/k/a WAMY International, Inc.,
World Association for Muslim Youth, include defendants: WAMY International, Inc.
Abdullah bin Laden, Ibrahim S. Abdullah, Mohammad bin Faris, and Dr. Mahmoud
Dakhil, all located doing business or registered to do business in the United
States.
International Islamic Relief Organization
122. The
International Islamic Relief Organization (or “IIRO”) has materially supported
terror around the globe, including Osama Bin Laden and al Qaeda. IIRO’s office
in the Philippines is headed by Osama bin Laden’s brother-in-law, Defendant
Mohammed Jamal Khalifa and has acted as a center of terrorist financing and
training activity – across the globe. IIRO then evolved into a vast independent
terrorist machine – funding, recruiting and aiding and abetting al Qaeda
members around the globe. IIRO was involved with the 1993 World Trade Center
bombing, the plot to destroy the Lincoln Tunnel and the Brooklyn Bridge, the
plot to assassinate President William Jefferson Clinton and Pope John Paul II,
the plot to blow up twelve American airplanes simultaneously, and the 1998
Embassy bombings in East Africa.
123. The
IIRO sister company, International Relief Organization ( or “IRO”), sends money
back and forth with IIRO. IRO sends money to other organizations that sponsor
terror. Another IIRO sister company, the Success Foundation, sends money back
and forth with the IIRO and IRO. The Success Foundation also sends money to
other organizations who sponsor terror.
124. Several
employees of the Muslim World League, IIRO’s parent organization, have
explicitly worked with al Qaeda. Osama bin Laden’s associates from Afghanistan
infiltrated and propagated Muslim World League Offices around the world. The
Rabita Trust, another branch of the Muslim World League, had its assets frozen
as a Specially Designated Global Terrorist Entity (or “SDGI”) of the United
States Treasury. Wa’el Jalaidan, as Secretary General of the Rabita Trust and
Muslim World League Office in Peshawar, Pakistan has repeatedly aided and
abetted terrorists.
125. Abdurahman
Alamoudi, the Secretary of the Success Foundation, has openly stated his support
for HAMAS and Hizbollah, both designated terrorist organizations. Alamoudi is
the President of the American Muslim Foundation (or “AMF”), which receives
thousands of dollars from the Success Foundation, as stated on the income tax
Form 990s for the Success Foundation. Mohammed Omeish, President of the United
States branches of IIRO and IRO, as well as their sister organization the
United States-based Success Foundation, is also Vice- President of the American
Muslim Foundation.
126. Adnan
Basha, IIRO’s Secretary-General, wrote “The major finance is coming from the
generous people of Saudi Arabia, King Fahd, and the royal family.” Arafat
El-Ashi, head of IIRO’s Canada branch, testified in the trial of Mahmoud
Jaballah that IIRO and MWL were intimately connected to and funded by certain
Saudi Arabian interests. Arafat el-Ashi made clear in his testimony in the
Jaballah trial that as a IIRO and MWL employee, he was also an employee of the
Saudi government.
127. IIRO
became al Qaeda’s charity of choice to funnel money and weapons as described in
the book The Arab Volunteers of Afghanistan, published by Adil Abdul
Galil Batargy and the relief organization Benevolence International Foundation.
128. According
to the account of Mohammed Bayazid, al Qaeda member and associate of Osama bin
Laden, the Muslim World League opened an office in Pakistan for the use of the
founders of al Qaeda. The Muslim World League initially was funded by Osama bin
Laden, then the government of Saudi Arabia took over the funding. According to
the Arabic periodical publication Rose Al-Yusuf, the IIRO is firmly
entrenched with Osama bin Laden’s al Qaeda organization. As one example, the
IIRO supported an al Qaeda guest house in Egypt.
129. The
perpetrators of the first attack on the World Trade Center in 1993 were given
al Qaeda funding and support through Defendants Mohamad Khalifa and IIRO.
Mohamad Khalifa, as the head of IIRO, used the organization to collect and
launder money for al Qaeda operations. IIRO funded the terrorist al Qaeda
groups Moro Islamic Liberation Front (or “MILF”) and the Abu Sayef Group (or
“ASG”). A former Abu Sayyaf member stated: “Less than 30% of the IIRO funds
went to legitimate public works, the rest going toward the purchase of
weapons.” Mohamad Khalifa’s branch of the IIRO served as a base to plan and
finance al Qaeda.
130. IIRO
built its office in Khartoum, Sudan in the same residential neighborhood as
Osama bin Laden’s personal office, according to the testimony of a former al
Qaeda member, Jamal Ahmed Mohammed Al-Fadl. IIRO also built its Khartoum office
near the office of Benevolence International Foundation, another al Qaeda
front, and in the same residential neighborhood where Osama bin Laden had his
personal office.
131. The
IIRO was implicated in the bombing of the United States Embassies in
Kenya-Tanzania in 1998. Kenya deregistered the IIRO after the bombing. IIRO
Tanzania was reportedly working with al Qaeda immediately before the United
States Embassy bombing. IIRO went on to plot to destroy United States
Consulates in India in 1999, this time with less success.
132. According
to Canadian intelligence documents, IIRO funded al-Jihad. Mohmous Jaballah,
Islamic al-Jihad member tried in Canada, was an IIRO employee. Egyptian
al-Jihad, led by al Qaeda’s second-in-command, Ayman al-Zawhiri, is a branch of
al Qaeda. As an employee of IIRO Canada, Mohammed Khatib founded the Canadian
branch of Benevolence International Foundation.
133. IIRO
works with numerous other al Qaeda affiliated charities. IIRO shares the same
address in England as the International Development Foundation (or “IDF”), a
charity affiliated with Defendant Khalid bin Mafouz, a senior al Qaeda
financier. The Success Foundation, IIRO’s namesake, is also funded by Khalid
bin Mafouz. IIRO aids and abets the Saudi Joint Relief Committee, an al Qaeda
charity in Bosnia and elsewhere. IIRO, through Khalifa, sponsors, aids and
abets Benevolence International Foundation, the al Qaeda charity front. IIRO
provides funding for other alleged humanitarian organizations that have
suspected ties to al Qaeda: Global Relief Foundation (or “GRF”), Taibah
International, Islamic African Relief Agency, World Assembly of Muslim Youth,
(or “WAMY”).
134. Mohammed
Omeish is Vice President of American Muslim Foundation which according to its
tax Form 990, filed in 1999, gave money to Tarik Hamdi. Tarik Hamdi helped
Osama bin Laden get a satellite phone and other electronic equipment which was
used to coordinate terrorism, including the African Embassy bombings.
135. After
September 11, 2001, IIRO’s offices in Virginia were raided by the FBI as a
result of al Qaeda sponsorship. One of the September 11 hijackers claimed to be
going to work for IIRO Fazeh Ahed. IIRO also extensively funded the Taliban
regime. As stated by Dr. Adan Basha, Secretary-General of IIRO, the IIRO
donated more than Sixty Million ($60,000,000) dollars to the Taliban Regime.
After September 11, 2001, Pakistan deported 89 Arab aid workers from the IIRO
and other organizations because they were aiding, abetting, funding, otherwise
conspiring with, sponsoring and/or supporting al Qaeda.
136. Sanabil
al-Khair was created to manage the International Islamic Relief Organization’s
financial assets. IIRO’s website states, “It [IIRO] has established an
endowment fund (Sanabil Al-Khair) which will be used to generate a stable
income to finance its various activities.” The Sanabil al-Khair has
incorporated in the United States under two different names. The Sana-Bell,
Inc. and Sanabel al-Kheer, Inc. Their corporate records indicate the same
address as IIRO in Herndon, Virginia.
137. Co-conspirators,
aiders and abettors of the International Islamic Relief Organization include
defendants: 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,
and M. Yaqub Mirza, all located, doing business or registered to do business in
the United States.
The Muslim World League
138. The
Muslim World League was founded in 1962 in Saudi Arabia, to “disseminate
Islamic Dawah and expound the teachings of Islam.” The Muslim World League (or
“MWL”) is the parent organization of the al Qaeda charity IIRO. MWL uses the
IIRO as an operational arm to perform many of its charitable activities.
139. The
Muslim World League is an organization funded, supported, financed and
controlled by Saudi Arabia. According to the testimony of Arafat al-Asahi, a
MWL representative in Canada:
Q. During those eight years that you have
been with the IIRO here in
Canada, have you ever heard anything to the
effect that the Canadian
government has any concern whatsoever with
respect to your office?
A. Let me tell you one thing. The Muslim
World League, which is the
mother of IIRO, is a fully government funded
organization. In other
words, I work for the Government of Saudi
Arabia. I am an employee
of that government. Second, the IIRO is the
relief branch of that
organization which means that we are
controlled in all our activities
and plans by the Government of Saudi Arabia.
Keep that in mind,
please.
Q. I will. Thank you. When you say you work
for the Government of
Saudi Arabia, are you also paid by that
government?
A. I am paid by my organization which is
funded by the government. Let
me tell you one little thing. Whenever the
Saudi Embassy in Ottawa
required anything, to ask about any Muslim
project all over Canada,
they come to us. They ask us about the people
who are doing this
project. Do you get this point?
Q. Yes.
A. Whatever we say is acceptable, fully
acceptable, by the Saudi Embassy
and by the government of Saudi Arabia.
Q. Is the Muslim World League the type or
organization that would
actually have physical offices in countries throughout
the world?
A. Of course. I said in the beginning that we
have over 30 offices all over
the world? One is here; one is in Washington,
D.C. They are spread all
over, in Europe, in Asia.
Q. When you speak of an office that is an
IIRO office, that counts as a
Muslim World League office as well?
A. What happens is that sometimes the IIRO
and the Muslim World
League office is one, but sometimes they have
two different offices,
although the umbrella organization is the
same, which is the Muslim
World League.
140. The
Muslim World League has at least two offices in the United States. One in New
York City, which is currently active, and its main office in Herndon, Virginia,
which was the target of federal raids in early March 2002. Its officers at the
Virginia office are President Abdullah bin Saleh al-Obaid, Vice President
Hassan A. A. Bahafzallah, and Secretary/Treasurer Yaqub M. Mirza.
141. Abdullah
al-Obaid, President of the United States branch of MWL, and former
Secretary-General of the organization, runs one of the al-Rajhi family’s
largest corporations, al- Watania. The al-Rajhi family is the primary funder of
the entire SAAR Foundation Network. Adullah al-Obaid also served as
Secretary-General of the Rabita Trust.
142. Yaqub
Mirza, the secretary and treasurer of the MWL in the United States is the
financial mastermind of the SAAR Network. Yaqub Mirza’s house was raided in
March, 2002 by federal authorities for his alleged connections to al Qaeda and
September 11, 2001.
143. The
MWL has numerous connections with al Qaeda operatives. Mohammed Bayazid, an al
Qaeda operative who fought alongside Osama bin Laden and the other mujahideen
in Afghanistan (and has been implicated in a plot to get nuclear materials for
al Qaeda), described how Defendant Mohammed Jamal Khalifa, Osama bin Laden’s
brother-inlaw, opened a Muslim World League office in Pakistan for the use of
the founders of al Qaeda:
Brother Jamal Khalifa (Abu-l-Bara) was the
one who started the
educational project, both in the interior of
Afghanistan and abroad. Thanks
to Dr. Abdullah Azzam’s efforts he succeeded
in getting the approval of
the Muslim World League to open an office for
the League in Peshawar as
an umbrella under which the brothers could
work and move in Pakistan
freely.
144. Wa’el
Jalaidan, whom the United States Treasury Department named as “one of the
founders of al Qaeda,” headed the Muslim World League in Peshawar, Pakistan and
also served as the Secretary-General of the Rabita Trust. Wa’el Jalaidan spread
Muslim World League offices around the world. These offices served in the early
days of al Qaeda to attract and train holy warriors for the war in Afghanistan.
145. Wadih
el-Hage, convicted for his role in the 1998 United States Embassies bombings in
Africa, stated at his trial that he worked at the Muslim World League in
Peshawar, Pakistan in the 1980s. It was while working at MWL that el-Hage met
Abdullah Azzam, the mentor of Osama bin Laden, and a co-founder of al Qaeda.
146. Ihab
Ali, another al Qaeda operative in prison in the United States on perjury
charges, also went to work for the Muslim World League in 1987. Ihab Ali played
a large role in the Embassies bombings, facilitating communication between
Osama bin Laden and other al Qaeda members and also piloting Osama bin Laden’s
personal jet. In 1993, Ihab Ali took flight lessons at the Airman Flight School
in Norman, Oklahoma—the same school Zacarias Moussaoui attended and which
Mohammed Atta scouted as a possibility for his flight training.
147. According
to the grand jury, Ihab Ali did not disclose the extent to which his pilot
training and international travels concerned efforts to assist in al Qaeda’s
terrorist activities.
148. In
conjunction with the attempted assassination of Egyptian President Hasni Mubarak
in 1995, one of the would-be assassins admitted: “The Muslim World League
bought our travel tickets and gave us spending money before we arrived at the
[Osama bin Laden's] farm in Suba region in southern Sudan.”
149. Co-conspirators,
aiders and abettors of the Muslim World League, a/k/a Rabita al- Alam
al-Islami, a/k/a Islamic World League, include defendants: Muslim World League,
Abdullah bin Saleh al-Obaid, Hassan A.A. Bahafzallah, and Yaqub M. Mirza, all
located, doing business or registered to do business in the United States.
The SAAR Foundation
150. The
SAAR Foundation was named after Sulaiman Abdul Aziz al-Rajhi, head of the Saudi
Arabian al-Rajhi family, and was formed in the 1970s by a group of Muslim
scholars and scientists from the Middle East and Asia. SAAR was incorporated in
Herndon, Virginia as a 501c(3) non-profit organization on July 29, 1983 and
dissolved as of December 28, 2000. The Saudi Arabian al-Rajhi family is the
foundation’s biggest donor. The SAAR Network financially supports terrorism and
its main contributors, the al-Rajhi Family, has a long history of same.
151. Virginia
Secretary of State Corporate Records indicate that there are more than one
hundred affiliated organizations registered or doing business at just one of
SAAR’s addresses in Herndon, Virginia. Most of these organizations do not
maintain a physical presence at that address, or elsewhere. The SAAR Foundation
and network is a sophisticated arrangement of non-profit and for-profit
organizations that serve as front-groups for fundamentalist Islamic terrorist
organizations.
152. On
March 20th and 21st, 2002, the offices of many SAAR Network
organizations, along with the residences of their top executives, were raided
by the joint terrorism task-force, Operation Greenquest. Operation Greenquest
was created after September 11, 2001, by the United States Treasury Department
as a new multi-agency financial enforcement initiative bringing the full scope
of the government's financial expertise to bear against sources of terrorist
funding. According to the search warrants issued at nearly twenty locations,
the SAAR Network was raided for “potential money laundering and tax evasion
activities and their ties to terrorist groups such as . . . al Qaeda as well as
individual terrorists . . . (including) Osama bin Laden.”
153. The
SAAR Foundation reported revenues of over $1.7 billion for the year 1998, which
represents more than any other United States charity has ever generated. The
SAAR Foundation and its affiliated charities keep a low profile in that they do
not conduct fundraising events or publicly reach out to potential donors like
most charities.
154. On
November 7, 2001, Bank al-Taqwa was designated by President George W. Bush’s
Executive Order as a Specially Designated Global Terrorist Entity and the
United States Department of Treasury froze its assets. Two SAAR Network
executives, Samir Salah and Ibrahim Hassabella, were both former executives at
Bank al-Taqwa. Two other executives in the SAAR Network, Jamal Barzinji and
Hisham al-Talib, worked for Youssef M. Nada, the head of al-Taqwa who had his
assets frozen along with al-Taqwa’s. The SAAR Network’s links with Youssef Nada
include that Sulaiman al-Rajhi worked for Nada at Nada’s Akida Bank in the
Bahamas. People associated with the SAAR Foundation and its network are also
implicated in for the United States Embassy bombings in Kenya and Tanzania.
155. The
SAAR Network and the more than one-hundred businesses and individuals that
comprise it are fronts for the sponsor of terror. These organizations are
closely inter-twined with Defendants IIRO, Muslim World League and their
related “charities.” The connections between the al-Rajhi family, the SAAR
Network, and the terrorist front-groups goes beyond the financial network in
that there is a repetitious pattern of overlapping officers between them as
well. The United States branches of the Muslim World League and its
subsidiaries are a part of the SAAR Network in that they share officers and
addresses, and are analogous to the SAAR Network in that they play an
intermediary role between wealthy Saudi financiers and terrorist groups.
156. Co-conspirators,
aiders and abettors of the Saar Network include defendants: 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., and York Foundation, all located doing business or
registered to do business in the United States.
Rabita Trust
157. Rabita
Trust is a charitable organization which was created to organize the
repatriation and rehabilitation of stranded Pakistanis (Biharis) from
Bangladesh. Founded in 1988, the trust fund was started jointly by the
government of Pakistan and the Saudi-based charity, the Muslim World League
(Rabita al-Alam-e-Islami). Rabita Trust received the majority of its funding
from the Muslim World League, a world-wide Islamic organization heavily funded
by the Saudis, but which has also been involved with terrorism.
158. Rabita
Trust was initially granted 250 million Riyals from the Pakistani government as
well as 50 million Riyals from the Muslim World League to help relocate some
250,000 displaced Pakistani refugees in Bangladesh. In its 15 years existence,
the Rabita Trust has only managed to relocate a few hundred Biharis.
159. Rabita
Trust is an al-Qaeda front, and the Head of Rabita Trust is known al Qaeda
member. An accompanying Treasury Department
press release on the day that Rabita Trust’s assets were frozen indicated that:
Rabita Trust is headed by Wa’el Hamza
Jalaidan, one of the founders of
al-Qaida with bin Laden. He is the logistics
chief of bin Laden’s
organization and fought on bin Laden’s side
in Afghanistan.
160. According
to an authoritative biography of bin Laden and the original members of
al Qaeda, the head of Rabita Trust, Wa’el
Jalaidan, has fought alongside Osama bin Laden and championed his cause.
Detailing how al Qaeda’s key founders fought against the Soviets in Afghanistan
during the Soviet-Afghan war of the 1980s, this account is unparalleled in its
accuracy and clarity. The biography, written by a fellow compatriot of bin
Laden, noted:
One of the men who led the Arab Afghan Jihad
forces came from one of
the wealthiest Saudi families; he was
influenced by the Afghan struggle,
who would live together with them and
sacrifice everything for the
Afghani jihad. This man was Osama bind Laden,
a young, tall man who
followed Dr. Abdullah Azzam to fight in
Afghanistan. Another Saudi
joined together with them; his name was Wa’el
Jalaidan, a US student
who was studying agriculture and left to
fight jihad in Afghanistan.
These three: Osama bin Laden (a.k.a. ‘Abu
Abdallah’), Dr. Abdullah
Azzam (a.k.a. Abu Muhammed), and Wa’el
Jalaidan (a.k.a. Abu Al-
Hassen al-Madani), gathered together in
December 1979 to create the new
Islamic revolution in Afghanistan.
161. Jalaidan
currently lives in Saudi Arabia and heads the Saudi Joint Relief Committee,
which has also funded terrorism. Rabita Trust is the sister organization of the
International Islamic Relief Organization as they are both subsidiaries of the
Muslim World League.
162. Rabita
Trust, a subsidiary of the Muslim World League, is connected to the SAAR
Network, through two officers, Dr. Abdullah Omar Naseef and Abdullah al-Obaid.
The SAAR Network was the focus of March 2002 raids led by United States
authorities for the network’s ties to al Qaeda.
163. On
October 12, 2001, President George W. Bush’s Executive Order designated
Defendant Rabita Trust as a Specially Designated Global Terrorist Entity and
the Treasury Department froze its assets. In addition to being a subsidiary of
the Muslim World League, the Rabita Trust is also connected to the SAAR Network
through two officers, Defendant Abdullah Omar Naseef and Defendant Abdullah
al-Obaid. Defendant Abdullah Omar Naseef founded the defendant Rabita Trust in
July 1988 and is currently its chairman.
164. Abdullah
Omar Naseef also served as Secretary-General of the Muslim World League during
the time he created Defendant Rabita Trust and has attempted to spread Muslim
World League offices around the world. Part of his global efforts are found in
his involvement in a SAAR Network charity. Naseef is an officer at the Makkah
al-Mukarramah, Inc., at 555 Grove Street, Herndon, Virginia a non-profit
organization. A second shared executive is the Vice-Chairman of the Board of
Trustees of Rabita Trust, Abdullah al-Obaid, who is also an officer at two of
the SAAR Network businesses that were raided, the Muslim World League and
Sanabel al-Kheer. Defendant Abdullah Omar al-Obaid is unique in that, not only
is he an officer at the Muslim World League and the SAAR Network, but he is
also the Deputy General Manager at one of the al-Rajhi’s largest businesses,
al-Watania Poultry in Saudi Arabia. Al-Watania Poultry has branches in the
United States.
Saudi bin Laden Group
165. The
Saudi Bin Laden Group (SBG), also known as the Bin Laden Corporation, is one of
the largest conglomerates in the Middle East today, estimated to have $3
billion to $5 billion in annual revenue. The corporation has several divisions,
including construction, real estate, petroleum, and a media operating division.
Bakr bin Laden, one of Mohammed bin Laden’s sons, currently heads the
corporation.
166. SBG’s
website details its history in the following manner:
The history of Binladin began in 1931 when
Mohammed Binladin founded
the company. From its humble beginnings as a
general contractor, the
company has grown and prospered in parallel
with the growth and
prosperity of the Kingdom of Saudi Arabia.
Over the years the company
has been entrusted with many major
construction projects, projects that
helped the Kingdom to develop its resources
and expand its infrastructure.
167. In
the early 1990s, Tarek bin Laden served as the general supervisor of the
International Islamic Relief Organization (IIRO), a charity that has abetted
al-Qaeda. At this time, IIRO was rapidly becoming al-Qaeda’s foremost charity,
used as a means to transfer funds and personnel.
168. According
to an Arabic publication, Tarek bin Laden had a prominent role in 1990 at the
IIRO:
Tarek bin Laden has been a member of the IIRO
in MWL for ten years.
He has been working quietly for the orphans
and the immigrants in the
Islamic world. In the past two years the
operation of IIRO has grown
thanks to the support of the Saudi royal
family. Tarek says that the IIRO
relies on donations of the Saudi people and
some donations from the
Islamic world.
169. When
Mohammed Jamal Khalifa, Osama bin Laden’s brother-in-law, applied to come into
the United States in 1994, he listed on his visa application that his address
was “Bin Laden Co” in Saudi Arabia. Khalifa has subsequently been implicated by
the United States for aiding numerous al-Qaeda plots and operatives, including
aiding the masterminds behind the first World Trade Center bombing.
170. Yassin
al-Kadi has been designated by the U.S. government as a foreign terrorist
entity. Yassin al-Kadi is a Director of Global Diamond Resources, based in
Nevada. Along with al-Kadi on the board of directors are representatives of the
bin Laden family who invested in Global Diamond Resources a year before
al-Kadi, who was introduced to the Johann de Villiers, Global Diamond
Resource’s Chairman, by an executive at the Saudi bin Laden Group. In regards
to the company’s decision to let al-Kadi join as an investor, de Villiers said,
“I relied on the representations of the bin Laden family. They vouched for him.”
Yassin Abdullah al-Kadi & Global Diamond
Resources
171. Only
one month after the September 11th attacks, on October 12, 2001, with Executive
Order 13224, President George W. Bush designated Saudi businessman Yassin
al-Kadi as a terrorist entity for financially supporting al Qaeda. As stated in
a United States Department of Treasury Press Release on October 12, 2001:
Yasin al-Qadi, (heads) the Saudi-based
Muwafaq (or "Blessed Relief")
Foundation, an al Qaeda front that transfers
millions of dollars from
wealthy Saudi businessmen to bin Laden.
172. Blessed
Relief was registered in the Channel Islands in 1992 and run from Jeddah, Saudi
Arabia. The charity had an international presence with offices in Europe,
Ethiopia, Pakistan, Sudan, Somalia and a Post Office Box in the United States.
Blessed Relief purported to conduct traditional relief work such as the
distribution of food, clothing and medical equipment to victims of war or
famine. The charity was also endowed by Defendant Khalid bin Mahfouz, the infamous
al Qaeda banker, and run by Yassin al-Kadi. Khalid bin Mahfouz’s son,
Abdulrahman bin Mahfouz, is also a director of the charity.
173. Yassin
Al-Kadi ran the charity from 1992 until around 1997 with $15 million to $20
million of his own money along with contributions from other wealthy
associates. Millions of dollars have been transferred to Osama bin Laden
through Blessed Relief. An audit of the Defendant National Commercial Bank of
Saudi Arabia in the mid-1990s, which was then run by Khalid bin Salim bin
Mahfouz, reveals the transfer of $3 million for Osama bin Laden that traveled
from the accounts of wealthy Saudi businessmen to Blessed Relief.
174. In
a 1995 interview, Osama bin Laden identified Blessed Relief’s place in his
network, “The bin-Laden Establishment’s aid covers 13 countries . . . this aid
comes in particular from the Human Concern International Society.” Osama bin
Laden went on to list a number of the Human Concern International’s branches
and includes the Blessed Relief Society in Croatia.
175. Yassin
al-Kadi incorporated the United States branch of the charitable organization
Blessed Relief in Delaware, 1992, along with Talal M. M. Badkook and Dr.
Mohaman Ali Elgari. Blessed Relief was an al Qaeda front used by wealthy Saudis
to funnel money to Osama bin Laden’s network.
176. Yassin
al-Kadi is a Director of Global Diamond Resources, based in Nevada. He sits on
the board as a representative of New Diamond Holdings, a foreign investor firm
that has a controlling interest in Global Diamond. Along with al-Kadi on the
board of directors are representatives of the bin Laden family who invested in
Global Diamond Resources a year before al-Kadi. Global Diamond Resources is a
diamond company that manages three mines in South Africa. Although al-Kadi
invested $3 million into Global Diamond Resources through his company New
Diamond Corp., his investment had diminished to about $750,000 as of October,
2001.
177. Three
of the al Qaeda members on the FBI’s most wanted list have been discovered to have
dealings in the diamond field. Following September 11 and the increased
difficulty al Qaeda is facing moving its money through its traditional
financial channels, al Qaeda has been converting more of its assets into
diamonds. As one European investigator put it:
I now believe that to cut off al Qaeda funds
and laundering activities you
have to cut off the diamond pipeline. We are
talking about millions and
maybe tens of millions of dollars in profits
and laundering.
178. Yassin
Abdullah al-Kadi is the Vice President of the Saudi Arabian company M.M.
Badkook Co. for Catering & Trading, owned by his partner in Blessed Relief,
Talal Mohammed Badkook. Talal Badkook is also a member of the Al-Mustaqbal
group along with Saleh Mohamed bin Laden, son of Mohammed bin Laden, and
Abdullah Saleh Kamel, son of Saleh Kamel, who is the chairman of the Dallah
al-Baraka.
179. Yassin
al-Kadi is the Chairman of the National Management Consultancy Center (NMCC) in
Jeddah, Saudi Arabia. NMCC lists the address PO Box 214, Jeddah, which is the
same address listed on Muwafaq’s Delaware corporate records. Yassin al-Kadi’s
address is P.O. Box 214, Jeddah, Saudi Arabia 21411.
Certain Members of the Saudi Royal Family
180. The
close relationship between Osama bin Laden and certain of the highest members
of the Saudi royal family stretches back for a long period and continues to
this day. On August 2, 1990, the Republic of Iraq invaded Kuwait. Osama bin
Laden met with Defendant Sultan Bin Abdul Aziz al-Saud (or “Prince Sultan”). Prince
Sultan is the Second Deputy Prime Minister, Minister of Defense and Aviation,
Inspector General, and Chairman of the Board of Saudi Arabian Airlines, which
does business in the United States. In the meeting, Osama bin Laden offered the
engineering equipment available from his family’s construction company and
suggested bolstering Saudi forces with Saudi “Afghans” who he was willing to
recruit. This offer was also made to Defendant Turki al-Faisal al Saud (or
“Prince Turki”), the then Chief of Saudi Intelligence, Istakhbarat. Prince
Turki had an ongoing relationship with Osama bin Laden from the time that they
first met in Islamabad, Pakistan at the Saudi embassy, during the Soviet Union
occupation of Afghanistan.
181. Defendant
International Islamic Relief Organization is a direct arm of the Saudi
government, according to Arafat el-Asahi, the Director of the Canadian branch
of the International Islamic Relief Organization. The United States Department
of State has also identified IIRO as an organization which sponsors terrorism.
Dr. Adnan al Basha, the Secretary General
of the International Islamic Relief Organization publicly thanked Prince Sultan
on December 22, 2000, for his support and aid.
182. On
or about 1995, the Saudi Secret Services (Istakhbarat) headed by Prince Turki,
decided to give massive financial support to the Taliban.
183. In
1996, according to a non published French intelligence report, a group of
Saudi princes and business leaders met in
Paris and agreed to continue contributing, sponsoring,
aiding and abetting Osama bin Laden’s
terrorist network.
184. In
July of 1998, a meeting occurred in Kandahar, Afghanistan that led to an
agreement between Saudi Arabia and the Taliban. The participants were Prince
Turki, the Taliban leaders, as well as senior Pakistani intelligence officers
of the ISI and representatives of Osama bin Laden. The agreement stipulated
that Osama bin Laden and his followers would not use the infrastructure in
Afghanistan to subvert the Saudi government and in return, the Saudis would
make sure that no demands for the extradition of individuals, such as Osama bin
Laden, and/or the closure of terrorist facilities and camps were ever met.
Prince Turki also promised to provide oil and generous financial assistance to both
the Taliban in Afghanistan and Pakistan. After the meeting, 400 new pick-up
trucks arrived in Kandahar for the Taliban, still bearing Saudi Arabia license
plates.
185. Prince
Turki headed Istakhbarat until August 2001. Istakhbarat had served as Osama bin
Laden’s nexus to the network of charities, foundations, and other funding
sources.
186. Prince
Turki was instrumental in arranging a meeting in Kandahar between Iraqi senior
intelligence operative and Ambassador to Turkey, Faruq al-Hijazi, and bin Laden
in December of 1998.
187. Certain
members of the Saudi royal family overtly aid, abet, and support the IIRO,
despite its ties to terrorist financing. Certain members of the Saudi royal
family, along with other wealthy Saudi supporters, contributed to the IIRO as a
way to support al Qaeda without suffering from the social (and legal)
ramifications that such contributions bring. The IIRO receives funds which are
passed on to terrorists from the Zakat payments of individuals and companies in
the kingdom of Saudi Arabia. The Saudi Royal Family members own substantial
assets in the USA, do substantial business in the USA, the profits from which
in part are used to fund terrorist acts, including those which led to the
murderous and cowardly sneak attacks of September 11th.
188. Born
in Riyadh, Saudi Arabia in 1928, Prince Sultan Bin Abdulaziz al Saud, (or
“Prince Sultan”) is the son of Abdulaziz Bin Faisal al Saud, founder of the
modern Kingdom of Saudi Arabia and Hussa bin Ahmad Sudairi. He is one of the seven
full brothers of King Fahd bin Abdulaziz al Saud. Prince Sultan was appointed
Governor of Riyadh in 1947.
189. Prince
Sultan bin Abdulaziz al Saud has been the Second Deputy Prime Minister,
Minister of Defense and Aviation since 1963 and Inspector-General of the
Kingdom of Saudi Arabia. In addition, Prince Sultan is Chairman of the Supreme
Council for Islamic Affairs.
190. Beginning
with the Gulf War until the Afghanistan Operations, Prince Sultan bin Abdulaziz
al Saud took radical stands against Western Countries and publicly supported
and funded several Islamic charities that were sponsoring Osama bin Laden and
al Qaeda operations, including the International Islamic Relief Organization,
Muslim World League, World Assembly of Muslim Youth and al-Haramain.
191. Shortly
after the September 11 attacks, Prince Sultan bin Abdul Aziz publicly accused
the “Zionist and Jewish lobby” of orchestrating a “media blitz” against the
Kingdom. Saudi embassy press release announced in April 2001 that “Prince
Sultan affirms [the] Kingdom’s Support” for the Palestinian Intifada, to the
tune of $40 million already disbursed to “the families of those martyred” and
other “worthies.”
192. Prince
Sultan also denied the United States use of Saudi bases to stage military strikes
on Afghanistan after the September 11 attacks, stating that his government
“will not accept in [Saudi Arabia] even a single soldier who will attack
Muslims or Arabs.” Years before, on the same way, Saudi Minister of Defense
Prince Sultan stated his country would not permit allied aircraft to launch
preventive or major retaliatory strikes against Iraq from bases in Saudi
Arabia. Prince Sultan expressed the hope that the Arab Nationals who have
fought alongside the Taliban will be allowed to return safely to their
respective countries.
193. In
1994, the Saudi Kingdom issued a royal decree banning the collection of money
in the Kingdom for charitable causes without official permission. King Fahd set
up a Supreme Council of Islamic Affairs, headed by his brother Prince Sultan to
centralize and supervise and review aid requests from Islamic groups. This
council was established to control the charity financing and look into ways of
distributing donations to eligible Muslim groups.
194. Consequently,
as Chairman of the Supreme Council, Prince Sultan could not have
ignored the destination of the charity
funding, and at least could not have ignored the implication
of several of those entities in financing the
al Qaeda terrorist organization.
195. Despite
that knowledge, Prince Sultan directly funded several Islamic charities over
the years, the International Islamic Relief Organization (and its financial
fund Sanabel el- Khair), al-Haramain, Muslim World League, and the World
Assembly of Muslim Youth, all of which are involved in the financing of al
Qaeda. The total of Prince Sultan is donations to these entities since 1994,
amounts at least to $6,000,000 according to official and public reports.
196. Prince
Sultan took a wide part in the IIRO financing. Since the IIRO creation in 1978,
he participated by donations and various gifts towards the charity. In 1994, he
donated $266,652 to the Islamic International Relief Organization. Since 1994,
the total amount granted by Prince Sultan to IIRO according to statements and
public reports is $2,399,868.
197. Prince
Sultan maintains close relations with the organization headquarters. Prince
Sultan is also a main financial contributor of the Muslim World League and its
Secretary General Abdullah al-Turki. Prince Sultan also donated during a
television campaign for MWL :
The total collection made as a result of the
television campaign was SR
45,000,000, with the Emir of Riyadh, Prince
Sultan, donating a million
Saudi Riyals ($533,304).
198. Prince
Sultan is also a regular donator for World Assembly of Muslim Youth. WAMY was
founded in 1972 in a Saudi effort to prevent the "corrupting" ideas
of the western world influencing young Muslims. With official backing it grew
to embrace 450 youth and student organizations with 34 offices worldwide. WAMY
has been identified as a “suspected terrorist organization” by the FBI since
1996 and has been the subject of an FBI investigation for terrorist activities.
Defendant the Republic of Sudan
199. Defendant,
the Republic of Sudan (“Sudan”), is a foreign state within the meaning of 28
U.S.C. § 1391(f). Sudan maintains an Embassy within the United States at 2210
Massachusetts Avenue N.W., Washington, D.C. 20008-2831.
200. Sudan
has for many years been designated by Department of State as a foreign state
that sponsors terrorism within the meaning of the Export Administration Act of
1979, 50 U.S.C. App. § 2405(j); the Foreign Assistance Act of 1961, 22 U.S.C. §
2371(b); and 28 U.S.C. § 2333. Sudan by and through its agents and instrumentalities
has supported, encouraged, sponsored, aided and abetted and conspired with a
variety of groups that use terror to pursue their goals. Sudan has provided
financing, training, safe-haven, and weapons for terrorist groups, including al
Qaeda and Osama bin Laden.
201. In
or about 1991, Sudan through Hassan al-Turabi, leader of the Sudan’s ruling
National Islamic Front party (or “NIF”), allowed the terrorist Osama bin Laden
and his al Qaeda party entrance into Sudan. During this time period, Sudan abandoned
visa requirements for Arabs and actively encouraged Islamic militants to live
within its borders. By the end of 1991, there were between 1,000 and 2,000
members of al Qaeda in Sudan. Following al Qaeda’s move to the Sudan in or
about 1991, Osama bin Laden established a headquarters in the Riyadh section of
Khartoum, Sudan heavily populated by Saudis.
202. Osama
bin Laden was able to establish a powerful military and political presence in
Sudan in the early 1990s, using a variety of business ventures to finance his
activities, aided and abetted by certain Defendants named herein.
203. Osama
bin Laden forged business alliances during the early 1990s with wealthy
Sudanese, both intimately involved with the Sudanese government. Bin Laden
invested with senior members of the NIF in the Defendant al-Shamal Islamic Bank
in Khartoum. Osama bin Laden invested $50 million dollars of his own funds into
the al-Shamal Islamic Bank. Along with other senior members of the NIF, he
founded Defendant Wadi-al-Aqiq, a trading company that was allowed by the
Sudanese government to engage in unrestricted shipping. Osama bin Laden also
founded Taba Investments Ltd., an organization that secured a near monopoly
over Sudan’s major agricultural exports. Other enterprises begun by Osama bin
Laden include, Ladin International Company and al-Hijra Construction. Gum
Arabic Company Ltd. was owned jointly by Osama bin Laden and the Sudanese
government. Osama bin Laden had an interest in al Themar, a Sudanese
agricultural company, which employed 4,000 employees working its one million-
acre al-Damazine farms. Osama bin Laden also had an interest in the Blessed
Fruits Company and al-Ikhlas, both involved in the production of honey, fruits
and vegetables.
204. During
the early 1990’s while Osama bin Laden was in Sudan, the al Qaeda terrorists
grew into a sophisticated organization. Several key figures in the organization
portrayed al Qaeda at the time as a multinational corporation complete with a
finance committee, investments and well-organized, concealed accounts and
operations worldwide.
205. Osama
bin Laden organized al Qaeda into camps dedicated to export of terrorism
throughout Sudan, the main one being a 20 acre site near Soba, 10 kilometers
south of Khartoum. Osama bin Laden and al Qaeda were allowed to operate freely
in Sudan. Al Qaeda purchased communications equipment, radios, and rifles for
the Sudanese NIF, while the Sudanese government in exchange provided 200
passports to al Qaeda so that terrorists could travel widely with new
identities.
206. In
or about the early 1990’s, Jamal al-Fadl went to Hilat Koko, a suburb of
Khartoum, where he met with representatives of al Qaeda and the Sudanese army
to discuss the joint manufacture of chemical weapons. Al Qaeda and the Sudanese
army cooperated in efforts to mount chemical agents on artillery shells. Al
Qaeda at this time also began to experiment with biological warfare – injecting
or gassing dogs with cyanide.
207. In
Sudan, between the years 1990 and 1993, members of al Qaeda undertook the task
of writing the Encyclopedia of the Afghan Jihad. Al Qaeda wrote another
terrorist work entitled Military Studies in the Jihad against the Tyrants.
208. At
various times between in or about 1992 and 1996, Osama bin Laden and Defendant
Mamdouh Mahamud Salim worked together with a ranking official in the NIF to
obtain communications equipment on behalf of the Sudanese intelligence service.
209. On
at least two occasions in the period from in or about 1992 until 1995, members
of al Qaeda transported weapons and
explosives from Khartoum to the coastal city of Port Sudan for trans-shipment
to the Saudi Arabian peninsula, using vehicles associated with Osama bin
Laden’s “businesses.”
210. In
1993, al Qaeda paid $210,000.00 for an airplane in Tucson, Arizona, that was
then flown to Khartoum, Sudan. This plane was intended to transport American
Stinger Anti-Aircraft missiles from Pakistan to Sudan, although that missile
transport did not take place.
211. Osama
bin Laden stated publicly that one of his proudest achievements during the
period of time al Qaeda was based in Sudan was al Qaeda’s role in the 1993
killing of more than a dozen American soldiers stationed in Somalia. Al Qaeda
and its allies launched operations in Somalia, to foment, and participate in,
attacks on British and American forces taking part in Operation Restore Hope in
Somalia.
212. Because
of Sudan’s active support, the United States Department of State first put
Sudan on the list of state sponsors of terrorism in 1993, largely because of
Osama bin Laden’s residency and activities.
213. In
1995, Hassan al-Turabi organized an Islamic Peoples Congress where Osama bin
Laden was able to meet with militant groups from Pakistan, Algeria and Tunisia,
as well as Palestinian Islamic Jihad and HAMAS. During the time that al Qaeda
was based in Sudan, it forged alliances with Egyptian Islamic Groups and other
Jihad Groups.
214. Hassan
al-Turabi, under pressure from the United States and others, expelled Osama bin
Laden from Sudan in 1996 but allowed him to move to Afghanistan.
215. Sudan
continues to be one of the governments that the United States has designated as
a state sponsor of international terrorism. Sudan serves as a safe-haven for
members of al Qaeda, the Lebanese Hezbollah, al-Gama’a al-Islamiyya, Egyptian
Islamic Jihad, the Palestine Islamic Jihad, and HAMAS. Sudan still has not
complied fully with United Nations Security Council Resolutions 1044, 1054, and
1070, passed in 1996 – which require that Sudan end all material support to
terrorists.
CLAIMS
COUNT ONE
FOREIGN SOVEREIGN IMMUNITIES ACT
216. Plaintiff
incorporates herein by reference the allegations contained in all preceding
paragraphs.
217. The
actions of the foreign state defendant, Sudan, and the actions of its agencies
and instrumentalities as described herein, forfeited their right to claim
immunity of the Foreign Sovereign Immunities Act 28 U.S.C. §§ 1605(a)(2),
1605(a)(5) and 1605(a)(7). Pursuant to 28 U.S.C. § 1605(a)(7) and Pub. L.
104-208, Div. A, Title I, § 101(c), 110 Stat. 3009-172 (reprinted at 28 U.S.C.
§ 1605 note (West Supp.)), all defendants who are officials, employees or
agents of the foreign state defendant are individually liable to the Plaintiff
for damages caused by their acts which resulted in the death and injury of the
Plaintiff.
218. Foreign
state defendant and the actions of its agencies and instrumentalities as
described herein, conducted commercial activity that had a direct effect on the
United States and
is not immune pursuant to the Foreign
Sovereign Immunities Act 28 U.S.C. § 1605(a)(2).
219. Foreign
state defendant and the actions of its agencies and instrumentalities as
described herein, is subject to liability from said acts resulting in personal
injury and death in the United States caused by the tortuous act or omission of
the foreign states, officials and employees while acting within the scope of
his office and employment and thus have forfeited their right to claim immunity
pursuant to 28 U.S.C. § 1605(a)(5).
220. Foreign
state defendant and its agencies and instrumentalities designated as state a
sponsors of terrorism as described herein, is
subject to liability for said acts and provision of material support for said
acts resulting in personal injury and death in the United States as a result of
act of torture, extra judicial killing, and aircraft sabotage and have
forfeited their right to claim immunity pursuant to the 1996 Anti Terrorism
Effective Death Penalty Act codified as 28 U.S.C. § 1605(a)(7).
221. As
a direct result and proximate cause of the conduct of the Foreign State
Defendant and its agencies, instrumentalities, officials, employees and agents
that violated the federal and common laws cited herein, Plaintiff suffered
damages as set forth herein.
WHEREFORE, Plaintiff demands judgment in his favor against the Foreign State
Defendant, the Sudanese agents and Instrumentalities and each of their
officials, employees and agents, jointly, severally, and/or individually, in an
amount in excess of Thirty Million Dollars ($30,000,000.00) plus interest, costs, and such other
monetary and equitable relief as this Honorable Court deems appropriate to
compensate the Plaintiff and deter the Defendants from ever again committing
such terrorist acts.
COUNT TWO
TORTURE VICTIM PROTECTION ACT
222. Plaintiff
incorporates herein by reference the allegations contained in the preceding
paragraphs.
223. The
actions of the Defendants as described herein subjected the Plaintiff to
torture and extrajudicial killing within the meaning of the Torture Victim
Protection Act, Pub.L. 102-256, 106 Stat. 73 (reprinted at 28 U.S.C.A. § 1350
note (West 1993)).
224. In
carrying out these acts of extrajudicial killings and injury against the
Plaintiff,
the actions of each Defendants were conducted
under actual or apparent authority, or under color
of law.
225. As
a direct result and proximate cause of the Defendants’ violation of the Torture
Victim Protection Act, Plaintiff suffered
damages as fully set forth herein.
WHEREFORE, Plaintiff demands judgment in his favor against all Defendants,
jointly, severally, and/or individually, in an amount in excess of Thirty
Million Dollars ($30,000,000.00), costs, and such other monetary and equitable
relief as this Honorable Court deems appropriate to prevent the Defendants from
ever again committing the terrorist acts of September 11, 2001 or similar acts.
COUNT THREE
ALIEN TORT CLAIMS ACT
226. Plaintiff
incorporates herein by reference the allegations contained in the
preceding paragraphs.
227. As
set forth above, the Defendants, individually, jointly and severally, aided and
abetted sponsored, materially supported, conspired to proximately cause the
death and injury of the Plaintiff through and by reason of acts of
international terrorism. These terrorist activities constitute violations of
the law of nations otherwise referred to as contemporary international law,
including those international legal norms prohibiting torture, genocide, air
piracy, terrorism and mass murder as repeatedly affirmed by the United Nations
Security Council.
228. As
a result of the Defendants’ sponsor of terrorism in violation of the law of
nations and contemporary principles of international law, the Plaintiff
suffered injury and damages as set forth herein. Violations of the law of
nations and of international agreements include but not limited to:
(1) The Universal Declaration of Human
Rights, Dec. 10, 1958
G.A. Res 217A (III), U.N. Doc. A/810, at 71
(1948);
(2) The International Covenant of Political
and Civil Rights,
art. 6 (right to life), U.N. Doc. A/6316, 999
U.N.T.S.
(1992);
(3) The Convention on the Prevention and
Punishment of
Crimes Against Internationally Protected
Persons,
Including Diplomatic Agents, 28 U.S.T. 1975,
T.I.A.S. No.
8532 (1977), implemented in 18 U.S.C. § 112;
(4) The General Assembly Resolutions on
Measures to Prevent
International Terrorism, G.A. Res. 40/61
(1985) and G.A.
Res. 42/159 (1987);
(5) The Convention on the High Seas, arts.
14-22 (piracy), 13
U.S.T. 2312, T.I.A.S. No. 5200 (1962).
229. Pursuant
to 28 U.S.C. §1350, the Plaintiffs herein who are estates, survivors and
heirs of those killed or injured who were
non-U.S. citizens or “aliens” at the time of their illegal
death or injury are entitled to recover
damages they have sustained by reason of the defendants’
actions.
WHEREFORE, Plaintiffs who are estates, survivors and heirs of non U.S. citizens
or ‘aliens,’ demand judgment in their favor against all Defendants, jointly,
severally, and/or individually, in excess of Thirty Million Dollars
($30,000,000.00), plus interest, costs, and such other monetary and equitable
relief as this Honorable Court deems appropriate to compensate the victims, and
prevent Defendants from ever again committing such terrorist acts.
COUNT FOUR
WRONGFUL DEATH
230. Plaintiff
incorporates herein by reference the allegations contained in the preceding
paragraphs.
231. Plaintiff
herein – spouse of an individual killed on September 11, 2001, brings this
consolidated action for wrongful death
proximately caused by the Defendants engaging in, sponsoring, financing, aiding
and abetting and/or otherwise conspiring to commit acts of terror including the
terrorist and attacks acts of September 11, 2001.
232. Surviving
family members are entitled to recover damages from Defendants for this
wrongful death. These family members are entitled to all damages incurred as
fair and just compensation for the injuries resulting from these wrongful
deaths.
233. The
injuries and damages suffered by the Plaintiff were proximately caused by the
intentional, malicious, reckless, negligent acts of the defendants as described
herein.
234. As
a direct and proximate result of the wrongful deaths of the decedent, their
heirs and families have been deprived of future aid, income, assistance,
services, comfort, companionship, affection and financial support.
235. As
a direct and proximate result of the defendants’ acts of terrorism resulting in
wrongful death, the heirs and families of the decedent suffer and will continue
to suffer permanent wrongful, illegal acts, emotional distress, severe trauma,
and permanent physical and psychological injuries.
236. As
a further result of intentional, malicious, reckless, negligent, wrongful,
illegal acts, and tortuous conduct of the Defendants, the Plaintiff has
incurred actual damages including but not limited to medical expenses,
psychological trauma, physical injuries, and other expenses and losses for
which he is entitled to full recovery.
WHEREFORE, Plaintiff demands judgment in
his favor against all Defendants, jointly, severally, and/or individually, in
an amount in excess of Thirty Million Dollars ($30,000,000.00) plus interest,
costs, and such other monetary and equitable relief as this Honorable Court
deems appropriate to compensate and deter Defendants from ever again committing
such terrorist acts.
COUNT FIVE
NEGLIGENCE
237. Plaintiff
incorporates herein by reference the allegations contained in all preceding
paragraphs.
238. The
banking and charity Defendants were under hightened duties as fiduciaries of
banks and charities, as public servants
endowed with the public’s trust. All Defendants were under a general duty not
to intentionally injure, maim or kill, commit criminal or tortuous acts,
endanger lives, and engage in activity that would foreseeably lead to the
personal injury and/or death of Plaintiff.
239. Defendants
breached these duties which was a proximate cause of the death and
personal injuries inflicted on Plaintiff on
and since September 11, 2001.
WHEREFORE, Defendants are liable to Plaintiff in an amount in excess of Thirty
Million Dollars ($30,000,000.00) plus interest, costs, and such other monetary
and equitable relief as this Honorable Court deems appropriate to prevent
Defendants from ever again committing the terrorist acts of September 11, 2001,
or similar acts.
COUNT SIX
SURVIVAL
240. Plaintiff
incorporates herein by reference the allegations contained in all preceding
paragraphs.
241. As
a result of the intentional, malicious, reckless, conspiratorial and negligent
acts of Defendants as described herein, those killed on September 11, 2001,
were placed in a severe and prolonged extreme apprehension of harmful,
offensive bodily contact, injury and assault. The Plaintiff suffered severe,
offensive, harmful, bodily contact, personal injury and battery; suffered
extreme fear, terror, anxiety, emotional and psychological distress and trauma
intentionally inflicted physical pain; Plaintiff was mentally, physically and
emotionally damaged, harmed, trapped, and falsely imprisoned prior to his death
and injuries.
242. As
a result of Defendants’ tortuous conduct, those killed suffered damages
including extreme pain and suffering, severe trauma, fear, permanent physical
and emotional distress, loss of life and life’s pleasures, companionship and
consortium, loss of family, career, earnings and earning capacity, loss of
accretion to their estates, and other items of damages as set forth herein.
WHEREFORE, Plaintiff demands judgment in his favor against all Defendants,
jointly, severally, and/or individually, in an amount in excess of Thirty
Million Dollars ($30,000,000.00) plus interest, costs, and such other monetary
and equitable relief as this Honorable Court deems appropriate to prevent
Defendants from ever again committing such terrorist acts.
COUNT SEVEN
NEGLIGENT AND/OR INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
243. Plaintiff
incorporates herein by reference the averments contained in all preceding
paragraphs.
244. Defendants
knew or should have known that their actions would lead to the killing of
innocent persons; the defendants knew or should have known that the September
11, 2001 suicide hijackings and disaster would intentionally kill or injure
innocent people, leaving devastated family members to grieve for their losses
with ongoing physical, psychological and emotional injuries.
245. The
actions of Defendants were unconscionable with an intentional, malicious, and
willful disregard for the rights and lives of the Plaintiff.
246. As
a direct and proximate cause of Defendants’ intended conduct and reckless
disregard for human life, Plaintiff has suffered and those surviving will
forever in the future continue to suffer severe, permanent psychiatric
disorders, emotional distress and anxiety, permanent psychological distress,
and permanent mental injury and impairment causing ongoing and long-term
expenses for medical services, and counseling and care.
247. The
conduct of Defendants was undertaken in an intentional manner to kill and
injure innocent people. These acts and efforts culminated in the murder and
maiming of innocent people, causing continuing, permanent emotional and
physical suffering of the families and heirs of the decedents.
248. Defendants,
by engaging in this intentional, unlawful conduct, negligently and/or
intentionally inflicted emotional distress
upon the Plaintiff.
WHEREFORE, Plaintiff demands judgment in their favor against all Defendants,
jointly, severally, and/or individually, in an amount in excess of Thirty
Million Dollars ($30,000,000.00) plus interest, costs, and such other monetary
and equitable relief as this Honorable Court deems appropriate to prevent
Defendants from ever again committing terrorist acts.
COUNT EIGHT
CONSPIRACY
249. Plaintiff incorporates herein by
reference the averments contained in all preceding
paragraphs.
250. As
set forth above, the defendants, unlawfully, willfully and knowingly combined,
conspired, confederated, aided and abetted, tacitly and/or expressly agreed to
participate in unlawful and tortuous acts pursuant to a common course of
conduct, resulting in the death and injury of Plaintiffs.
251. As
set forth above, the defendants conspired with and agreed to provide material
support, funding, sponsorship and/or resources to al Qaeda, Osama bin Laden,
and the sponsors of terror.
252. As
set forth above, Defendants engaged in common, concerted and conspirational
acts, efforts, transactions, and activities designed and intended to cause a
terrorist attack on the United States, its citizens and society, and – attack
those foreign citizens found within the United States, resulting in the harm to
Plaintiffs, which was done pursuant to and furtherance of this common scheme.
253. Defendants’
concert of action and conspiracy to support and promote Osama bin Laden, and al
Qaeda were a proximate cause of the September 11, 2001, terrorist attacks that
killed and injured the Plaintiffs.
254. As
a result of Defendants’ concert of action and conspiracy to further terror,
Plaintiff has suffered damages as set forth herein.
WHEREFORE, Plaintiff demands judgment in their favor against all Defendants,
jointly, severally, and/or individually, in an amount in excess of Thirty
Million Dollars ($30,000,000.00) plus interest, costs, and such other monetary
and equitable relief as this Honorable Court deems appropriate to prevent
Defendants from ever again committing terrorist acts.
COUNT NINE
AIDING AND ABETTING
255. Plaintiff
incorporates herein by reference the averments contained in all preceding
paragraphs.
256. As
set forth above, Defendants knowingly and substantially assisted in the
sponsorship of Osama bin Laden, al Qaeda and the September 11, 2001 terrorist
attacks that killed and injured the Plaintiff.
257. At
the time of such aiding and abetting, Defendants knew or should have known that
its role was part of an overall and ongoing illegal and/or tortuous activity.
258. As
set forth above, the Defendants aided and abetted in concerted efforts,
transactions, acts and activities designed to cause the attacks of September
11, 2001, on the United States, its citizens, foreign citizens, property and
freedoms.
259. That
Defendants’ aiding and abetting of terrorism through material sponsorship was a
proximate cause of the September 11, 2001 terrorist attacks that killed and
injured the Plaintiff.
260. As
a result of the Defendants’ aiding and abetting activities, Plaintiff has
suffered damages as set forth herein.
WHEREFORE, Plaintiff demands judgment in his favor against all Defendants,
jointly, severally, and/or individually, in an amount in excess of Thirty
Million Dollars ($30,000,000.00) plus interest, costs, and such other monetary
and equitable relief as this Honorable Court deems appropriate to prevent
Defendants from ever again committing terrorist acts.
COUNT TEN
18 U.S.C. §2333-TREBLE DAMAGES FOR U.S.
NATIONALS
261. Plaintiff
incorporates herein by reference the averments contained in all preceding
paragraphs.
262. As
set forth above, Defendants, jointly, severally and proximately caused the
deaths and injuries of Plaintiff’s person,
property and business through and by reason of acts of international terrorism.
263. As
set forth above, Defenants provision of material support and assistance to
Osama bin Laden, al Qaeda and the 9/11 terrorists from which they carried out
terrorist attacks on the United States, including the September 11, 2001
terrorist attacks.
264. As
a result of Defendants’ acts in furtherance of international terrorism,
Plaintiff suffered damages as set forth herein.
265. Pursuant
to 18 U.S.C. §2333, et. seq., the estates, survivors and heirs of the decedents
who are nationals of the United States are entitled to recover threefold the
damages they have sustained and the cost of suit, including attorneys’ fees.
WHEREFORE, Plaintiff, who is a national of the United States, demands judgment
in their favor against all Defendants, jointly, severally, and/or individually,
and demand treble damages in excess of Thirty Million Dollars ($30,000,000.00),
plus interest, costs, and such other monetary and equitable relief as this
Honorable Court deems appropriate to prevent Defendants from ever again
committing such terrorist acts.
COUNT ELEVEN
VIOLATION OF THE RACKETEER INFLUENCED
AND CORRUPT ORGANIZATIONS ACT
18 U.S.C. § 1962(a)
266. Plaintiff
incorporates herein by reference the averments contained in all preceding
paragraphs.
267. Non
Sovereign Defendants are each “persons” within the meaning of the Racketeer
Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq. (“RICO”).
268. The
Defendant charities, banks, and terrorists are each an “enterprise” within the
meaning of RICO, the activities of which affect intrastate and foreign
commerce.
269. By
virtue of the predicate acts described in this Complaint, including without
limitations, engaging in the predicate acts of terrorism, murder, kidnapping,
forgery, false use and misuse of passports, fraud and misuse of visas,
laundering of monetary instruments, engaging in monetary transaction in
improperly derived from unlawful activity, the use of interstate commerce,
interstate transportation of terrorist property, and bringing in and harboring
illegal aliens, and aiding and assisting illegal aliens in entering the United
States. Osama bin Laden and al Qaeda, along with the Defendants herein,
transferred received, and supplied financing and income that was designed, both
directly and indirectly, from a pattern of racketeering activity in which each
of them participated as a principal, and used and invested, both directly and
indirectly, such income and the proceeds of such income, in establishing and
operating terrorist enterprises in violation of 18 U.S.C. § 1962(a).
270. As
a direct and proximate result of Defendants’ violation of 18 U.S.C. § 1962(a),
Plaintiff suffered the loss of valuable
property, financial services and support, and suffered
other pecuniary damages in an amount to be
determined at trial.
WHEREFORE, Plaintiff demands judgment in their favor against all Defendants,
jointly, severally, and/or individually, in an amount in excess of Thirty
Million Dollars ($30,000,000.00) plus interest, costs, and such other monetary
and equitable relief as this Honorable Court deems appropriate to prevent
Defendants from ever again committing such terrorist acts.
COUNT TWELVE
VIOLATION OF THE RACKETEER INFLUENCED
AND CORRUPT ORGANIZATIONS ACT
18 U.S.C. § 1962(c)
271. Plaintiff
incorporates herein by reference the averments contained in all preceding
paragraphs.
272. By
virtue of the acts described in this Complaint, including without limitations,
engaging in the predicate acts of terrorism, murder, kidnapping, forgery, false
use and misuse of passports, fraud and misuse of visas, laundering of monetary
instruments, engaging in monetary transaction in properly derived from unlawful
activity. The use of interstate commerce, interstate transportation of
terrorist property, bringing in and harboring illegal aliens, and aiding and
assisting illegal aliens in entering the United States. Osama bin Laden and al
Qaeda, along with the defendants herein, transferred, received and supplied
financing and income that was designed, both directly and indirectly, from a
pattern of racketeering activity in which each of them participated as a
principal, and used and invested, both directly and indirectly, such income and
the proceeds of such income, in establishing and operating terrorist
enterprises, in violation of 18 U.S.C. § 1962(c).
273. As
a direct and proximate result of Defendants’ violation of 18 U.S.C. § 1962(c),
Plaintiff suffered the loss of valuable
property, financial services and support, and suffered other pecuniary damages
in an amount to be determined at trial.
WHEREFORE, Plaintiffs demand judgment in their favor against all Defendants,
jointly, severally, and/or individually, in an amount in excess of Thirty
Million Dollars ($30,000,000.00) plus interest, costs, and such other monetary
and equitable relief as this Honorable Court deems appropriate to prevent
Defendants from ever again committing such terrorist acts.
COUNT THIRTEEN
VIOLATION OF RACKETEER INFLUENCED
AND CORRUPT ORGANIZATIONS ACT
18 U.S.C. § 1962(d)
274.
Plaintiff incorporates herein by reference the averments contained in all
preceding
paragraphs.
275. By
virtue of the acts described in this Complaint, including without limitations,
engaging in the predicate acts of terrorism, murder, kidnapping, forgery, false
use and misuse of passports, fraud and misuse of visas, laundering of monetary
instruments, engaging in monetary transaction in properly derived from unlawful
activity. The use of interstate commerce facilities in murder-for-hire,
interstate transportation of terrorist property, bringing in and harboring
illegal aliens, and aiding and assisting illegal aliens in entering the United
States. Osama bin Laden and
al Qaeda, along with the defendants herein
transferred, received and supplied financing and income that was designed, both
directly and indirectly, from a pattern of racketeering activity in which each
of them participated as a principal, and used and invested, both directly and
indirectly, such income and the proceeds of such income, in establishing and
operating terrorist enterprises, in violation of 18 U.S.C. § 1962(d).
276. As
a direct and proximate result of Defendants’ violation of 18 U.S.C. § 1962(d),
Plaintiff suffered the loss of valuable property, financial services and
support, and suffered other pecuniary damages in an amount to be determined at
trial.
WHEREFORE, Plaintiff demands judgment in their favor against all Defendants,
jointly, severally, and/or individually, in an amount in excess of Thirty
Million Dollars ($30,000,000.00) plus interest, costs, and such other monetary
and equitable relief as this Honorable Court deems appropriate to prevent
Defendants from ever again committing such terrorist acts.
COUNT FOURTEEN
PUNITIVE DAMAGES
277. Plaintiff
incorporates herein by reference the averments contained in all the preceding
paragraphs.
278. The
actions of the defendants, acting in concert or otherwise conspiring to carry
out, aid and abet these unlawful objectives of terror, were intentional,
malicious, unconscionable, and in reckless disregard of the rights and safety
of the Plaintiff. Defendants, acting individually, jointly,
and/or severally intended to carry out actions that would brutalize or kill the
lives of the Plaintiff.
279. As
a result of their intentional, malicious, outrageous, willful, reckless
conduct, the defendants are individually, jointly and severally liable to the
Plaintiff for punitive damages.
WHEREFORE, Plaintiff demand judgments in his favor against all Defendants,
jointly, severally, and/or individually, in an amount in excess of Thirty
Million Dollars ($30,000,000.00) plus interest, costs, and such other monetary
and equitable relief as this Honorable Court deems appropriate to prevent
Defendants from ever again committing such terrorist acts.
COUNT FIFTEEN
PUNITIVE DAMAGES – AGENCIES AND
INSTRUMENTALITIES
OF THE FOREIGN STATE DEFENDANT
280. Plaintiff
incorporates herein by reference the averments contained in all the preceding
paragraphs.
281. The
foreign state defendant and its agencies and instrumentalities, directly or
indirectly caused, contributed to, supported, conspired to cause, aided and
abetted the commission of the terrorist acts that resulted in the deaths and
injuries as described above.
282. The
actions of the agencies and instrumentalities of the foreign state defendant,
acting individually and/or in concert to carry out their unlawful objectives,
were malicious, outrageous and in willful, wanton, and reckless disregard of
the rights of the Plaintiff. These agencies and instrumentalities acting
individually and jointly, specifically intended to engage in or otherwise
sponsor terrorism.
283. Pursuant
to 28 U.S.C.A. §1606, which specifically authorizes a claim for punitive
damages arising from state sponsored
terrorist acts actionable under 28 U.S.C. § 1605 (a)(7), and
for the reasons stated herein, the agencies
and instrumentalities of Sudan are jointly and severally
liable to Plaintiff for punitive damages.
284. Pursuant
to Pub.L. 104-208, Div. A, Title I, §101(c), 110 Stat. 3009-172 (reprinted at
28 U.S.C. § 1605 note (West Supp.), all Defendants who are officials, employees
or agents of the foreign state defendant, the Sudanese Agencies and Instrumentalities
are also individually liable to Plaintiff for punitive damages caused by the
acts and conduct which resulted in the deaths and/or injuries of the Plaintiff.
WHEREFORE, Plaintiff demands judgment in his favor against the Foreign State
Defendants, the Sudanese Agencies and Instrumentalities, and each of their
officials, employees or agents, jointly, severally, and/or individually, in an
amount in excess of Thirty Million Dollars ($30,000,000.00) plus interest,
costs, and such other monetary and equitable relief as this Honorable Court
deems appropriate to prevent Defendants from ever again committing terrorist
acts.
Common Issues Requiring Consolidation
285. Under
Federal Rule of Civil Procedure 42, Plaintiff respectfully asks this Court to
certify common questions of law and fact to
be tried as to all Defendants. Plaintiff maintains that consolidation under
Rule 42 a proper and efficient means of proceeding to avoid unnecessary costs
or delay. These common legal and factual questions include, but are not limited
to, the following:
(a) Whether Defendants engaged in the
sponsorship, financial or other
material support, facilitation,
encouragement, or any other means of
aiding and abetting terrorism, or conspiring
to promote or materially
sponsor terrorism, as that term is defined
under United States or
international law;
(b) Whether Defendants are liable to
Plaintiff for wrongful death and/or
personal injury pursuant to the Foreign
Sovereign Immunities Act, the
Alien Tort Act, the Torture Victim Protection
Act, 1990 Terrorism Act,
international law and/or the law of nations;
(c) Whether the terrorist acts of September
11th, 2001, and the resulting
damages suffered by Plaintiff were a
proximate cause of the conduct of
Defendants;
(d) Whether the Defendants have engaged in an
enterprise in violation of
RICO, and if so, whether Plaintiff is
entitled to recover under this
statute.
(e) Whether Plaintiff is entitled to the
assets of certain Defendants that
have been frozen by the United States Department
of Treasury;
(f) Whether Plaintiff can gain access to
those assets of certain Defendants
that have been frozen by foreign states in
order to satisfy their judgment;
(g) Whether Defendants are liable to
Plaintiff for punitive damages, and if
so, in what amount; and
(h) What is the proper measure of
compensatory damages for Plaintiff.
WHEREFORE, Plaintiff requests that this Honorable Court facilitate discovery in
this matter, determine and try the common legal and factual issues, and award
Plaintiff damages on each of the causes of action stated above plus interest,
costs, expenses and such other monetary and equitable relief as this Honorable
Court deems appropriate.
JURY DEMAND
Plaintiff demands trial by jury on all issues
so triable.
Respectfully Submitted,
JUDICIAL WATCH, INC.
__________________________
Larry Klayman, Esq.
DC Bar No. 334581
Paul J. Orfanedes, Esq.
D.C. Bar No. 429716
501 School Street, S.W.
Suite 725
Washington, DC 20024
(202) 646-5172
Attorneys for Plaintiff
[1] Given
the radical Islamic fundamentalist propensity to proudly divulge and brag
regarding one’s identity andreligious martyrdom (e.g. suicide bombing
videotapes with terrorists proudly kissing the Koran), the tracing of
records
and evidence in this case is strengthened.