HOUSE_OVERSIGHT_017887.jpg
Extracted Text (OCR)
822
the Global Diamond Resource’s Chairman
by an executive of SBG. Ashton Complaint
1459; Burnett Complaint { 328.
Plaintiffs claim that SBG had an address
in Rockville, Maryland until very recently.
Ashton Complaint 1545; Burnett Com-
plaint 13138. SBG claims the Rockville
address was the headquarters of a sepa-
rately incorporated company, SBG USA,
which was formally dissolved in December
1999. See SBG Memorandum in Support
of Motion to Dismiss Ashton Complaint at
7 & Ex. 2 (articles of dissolution); see also
Klinghoffer v. S.N.C. Achille Lawro, 937
F.2d 44, 52 (2d Cir.1991) (personal juris-
diction contacts determined at time com-
plaint is filed); but see Metro. Life, 84
F.3d at 569 (holding courts should examine
a defendant’s contacts with the forum for a
reasonable period prior to year of lawsuit
and finding six years was reasonable).
[67] The Burnett complaint does not
contain any factual allegations against Tar-
iq, Omar, or Bakr Binladin from which the
Court could infer that they purposefully
directed their activities at the United
States, that they were members of a con-
spiracy pursuant to the New York long-
arm statute, or that they have any general
business contacts with the United States.
Accordingly, the Burnett complaint against
these three individuals is dismissed.
[68] Rather than permitting a 12(e)
statement, the Court finds jurisdictional
discovery is warranted to determine if
SBG purposefully directed its activities at
the United States. See Asip v. Nrelsen
Media Research, No. 03 Civ. 5866(SAS),
2004 WL 315269, at *2 (S.D.N-Y. Feb. 18,
2004) (noting the purpose of Rule 12(e) is
to “strike at unintelligibility rather than
want of detail and ... allegations that are
unclear due to lack of specificity are more
appropriately clarified by discovery”).
Specifically, although the complaints are
not specific about when, at the very least,
349 FEDERAL SUPPLEMENT, 2d SERIES
SBG provided construction support to Osa-
ma bin Laden. Ashton Complaint 19550,
552-53; Burnett Complaint 11319-22. A
branch of SBG allegedly look in an al
Qaeda operative who listed the SBG
branch address on his visa application.
Ashton Complaint 1555; Burnett Com-
plaint 1324. It is alleged to have ties to
U.S.-designated terrorist Yassin Abdullah
Al-Kadi. Ashton Complaint 1459; Bur-
nett Complaint 1328. At this stage, the
Court must accept as true Plaintiffs’ con-
tentions that SBG still contains Osama bin
Laden’s name in its corporate documents.
Ashton Complaint 1558; Burnett Com-
plaint 1329. Additionally, although it
would not satisfy the due process requi-
sites on its own, SBG’s presence in Mary-
land three years before the complaints
were filed, also warrants some discovery.
Accordingly, SBG’s motion to dismiss the
Ashton and Burnett complaints are denied
without prejudice.
9. SAAR Network
The Federal Plaintiffs claim the SAAR
Network is a network of “interrelated os-
tensible charities” that was established in
the 1980s “to generate and surreptitiously
transfer funds to terrorist organizations,
including al-Qaeda.” Federal Complaint
222. Several organizations within the
SAAR Network, including SAAR Founda-
tion, SAAR International, Safa Group,
Mar—Jac Poultry, Mar—Jac Holdings, Inc.,
Safa Trust, Inc. and Aradi, Inc., were es-
tablished, funded or closely affiliated with
Defendant Suleiman Abdul Aziz al Rajhi.
Id. at. 1223. By September 11, 2001, there
were allegedly over one hundred entities in
this network, “including the U.S. branches
of MWL, IIRO and WAMY, [and the
SAAR Network Defendants moving to dis-
miss here,] African Muslim Agency, Grove
Corporate, Inc., Heritage Education Trust,
International Institute of Islamic Thought,
HOUSE_OVERSIGHT_017887
Extracted Information
Dates
Document Details
| Filename | HOUSE_OVERSIGHT_017887.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 3,722 characters |
| Indexed | 2026-02-04T16:33:21.600349 |