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Extracted Text (OCR)
IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001
833
Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005)
with the opportunity to clarify their claims
against Al Rajhi Bank, the Burnett Plain-
tiffs do not offer facts to support their
conclusions that Al Rajhi Bank had to
know that Defendant charities WAMY,
MWL, IIRC, and SJRC were supporting
terrorism. See Rule 12(e) Statement
11 44-60. “[A] complaint which consists of
conclusory allegations unsupported by fac-
tual assertions fails even on the liberal
standard of Rule 12(b)(6).” De Jesus »v.
Sears, Roebuck & Co. 87 F.3d 65, 70 (2d
Cir.1996).
This Court, like Judge Robertson before
it, has found no basis for a bank’s liability
for injuries funded by money passing
through it on routine banking business.
See Burnett [, 274 F.Supp.2d at 109. Sim-
ilarly, allegations concerning the Al Rajhi
family cannot support a claim against Al
Rajhi Bank because there is no allegation
that the family members were acting in
furtherance of Al Rajhi Bank business.
Tasso v. Platinum Guild Intl, 94 Civ.
8288(LAP), 1997 WL 16066, at *6
(S.D.N.Y. Jan. 16, 1997). Plaintiffs attach
to their opposition brief a September 2002
SAMA report summarizing the initiatives
and actions taken by the Kingdom of Saudi
Arabia to combat money laundering and
terrorist financing. See Burnett Plaintiffs’
Opp. to Al Rajhi Motion to Dismiss, Ex. 2.
Neither this document, nor the complaint,
alleges that SAMA or Al Rajhi Bank im-
plemented “know your customer” rules
that Al Rajhi failed to follow with respect
to accounts held by the Defendant chari-
ties. Finally, Plaintiffs’ allegations that Al
Rajhi Bank has connections to Hamas sup-
porters fails to state a claim because Plain-
tiffs have not alleged any relationship be-
tween Hamas and al Qaeda or the terrorist
41. The Ashton Plaintiffs voluntarily dismissed
its claims against the Saudi Cement Company
and the Arabian Cement Company on June
10, 2004. See 03 MD 1570 Docket # 230.
attacks of September 11. Even accepting
all the allegations against Al Rajhi Bank as
true, Plaintiffs have failed to state a claim
that would entitle them to relief. Accord-
ingly, Al Rajhi Bank’s motion to dismiss
the Burnett complaint is granted in its
entirety.
2. Saudi American Bank
[96] Saudi American Bank is based in
Rihadh, Saudi Arabia and was formed in
1980 pursuant to a royal decree to take
over the then-existing branches of Citi-
bank in Riyadh and Jeddah. Ashton Com-
plaint 1603; Burnett Complaint 1140. It
is the second largest bank in Saudi Arabia
and has offices in the United States, based
in New York. Ashton Complaint 1604;
Burnett Complaint 19141-42. Its chair-
man, Abdullahziz Bin Hamad Al Gosaibi is
also the Chairman of the Saudi Cement
Company in Damman, Saudi Arabia. Ash-
ton Complaint 1605; Burnett Complaint
1142. Ahmed Ali Jumale, purportedly a
close associate of Osama bin Laden and
responsible for helping Defendant Al Bara-
ka penetrate the United States banking
system, allegedly worked for Saudi Ameri-
can Bank as a senior employee from 1979
to 1986. Ashton Complaint 1602; Burnett
Complaint 1 148.”
Plaintiffs claim that Saudi American
Bank is the official correspondent of the al
Baraka Bank Lebanon; the Riyadh corre-
spondent of Defendant Al Faisal Islamic
Bank, which is managed by Defendant
Prince Mohamed; and the Riyadh corre-
spondent bank for a branch of Defendant
Al Shamal Islamic Bank, which is involved
in the financing of al Qaeda. Ashton Com-
plaint 19606, 608; Burnett Complaint
11 143, 146. It is also the bank for Defen-
42. The Ashton Plaintiffs voluntarily dismissed
their claims against Ahmed Nur Ali Jumale on
June 10, 2004. See 03 MD 1570 Docket
# 230.
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