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

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^[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.