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IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001 835 Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005) The Burnett Plaintiffs claim that mem- bers of the Spanish al Qaeda cell used Arab Bank to make wire transfers. Bur- nett Complaint 1138 (alleging Arab Bank is “used regularly by al Qaeda’s Spanish cell for transfers of cash to members of al Qaeda operating in Germany, Pakistan, Af- ghanistan, Lebanon, Yemen, Bosnia, and elsewhere”); id. 99139, 528 (alleging $6,400 wire transfer through Arab Bank from member of Spanish al Qaeda cell to an extremist associated with Chej Salah in Spain). These Plaintiffs conclude that “Arab Bank PLC has materially sup- ported, aided, and abetted and financed al Qaeda.” Id. 1138. The Federal and Burnett complaints do not include any facts to support the infer- ence that Arab Bank knew or had to know that it was providing material support to terrorists by providing financial services to the charity Defendants or by processing wire transfers in Spain. The paragraphs do not allege any involvement by, knowl- edge of, or participation in any wrongful conduct by Arab Bank. These Plaintiffs do not claim that Arab Bank ignored any regulations regarding their customer ac- counts. Providing routine banking ser- vices, without having knowledge of the ter- rorist activities, cannot subject Arab Bank to liability. While claiming Arab Bank has ties with known Hamas fronts, the Federal complaint does not contain any allegation of a connection between Hamas and Osa- ma bin Laden, al Qaeda, or the September 11 attacks. A complaint alleging conclu- sions without supporting facts will not sur- vive a Rule 12(b)(6) motion. In re Cross Media Mktg. Corp. Sec. Intig, 314 F.Supp.2d 256, 261 (S.D.N.Y.2004). The Federal Plaintiffs asked for leave to amend their complaint with respect to Arab Bank, but they have not offered any facts to support an amendment. Therefore, Arab Bank’s motions to dismiss the Federal and Burnett complaints are granted in their entirety. 4. Al Baraka Investment & Develop- ment Corporation and Saleh Ab- dullah Kamel [98] The Ashton and Burnett com- plaints detail nearly identical claims against Al Baraka Investment & Develop- ment Corp. (“Al Baraka”) and Saleh Ab- dullah Kamel. Ashton Complaint 11 583- 601; Burnett Complaint 1147-66. Saleh Abdullah Kamel was born in Saudi Arabia in 1941 and founded Dallah Albaraka Group LLC in 1969. Ashton Complaint 1587; Burnett Complaint 151. Dallah Al- baraka is a diversified conglomerate based in Jeddah and includes twenty-three banks in Arab and Islamic countries. Ashton Complaint 1588; Burnett Complaint 1 52. Dallah Albaraka is a shareholder of Aqsa Islamic Bank, a bank that Israel has re- fused to approve, “citing its obvious ties with known terrorists.” Ashton Complaint 19 596, 597; Burnett Complaint 1160, 61. One of Dallah Albaraka’s subsidiaries is Dallah Aveo Trans—Arabia Co., based in Jeddah. Ashton Complaint 1589; Burnett Complaint 153. Omar al Bayoumi, a sus- pect wanted by the FBI in connection with the September 11 attacks, was the Assis- tant to the Director of Finance for Dallah Aveo and paid rent in San Diego for the house occupied by two September 11 hi- jackers of American Airlines Flight 77. Ashton Complaint 11590, 592; Burnett Complaint 1155, 54. Mr. Kamel is also one of three founders of Defendant Al Shamal Islamic Bank. Ashton Complaint 1594; Burnett Complaint 1 58. Dallah Albaraka’s financial arm is Al Baraka Investment & Development Corp., a wholly owned subsidiary based in Jed- dah. Ashton Complaint 15938; Burnett Complaint 157. Al Baraka is a holding company with 48 subsidiaries, which are HOUSE_OVERSIGHT_017900

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Filename HOUSE_OVERSIGHT_017900.jpg
File Size 0.0 KB
OCR Confidence 85.0%
Has Readable Text Yes
Text Length 3,672 characters
Indexed 2026-02-04T16:33:24.940546