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Extracted Text (OCR)
In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005)
10 A.L.R. Fed. 2d 789
Countries v. Republic of South Africa, 300 F.3d 230, 241
(2d Cr.2002) (quoting Cargill Int'l S.A. v. M/T PAVEL
DYBENKO, 991 F.2d 1012, 1016 (2d Cir.1993)). “Then,
the plaintiff ‘has the burden of going forward with
evidence showing that, under the exceptions to the FSIA,
immunity should not be granted.’ ” Virtual Countries, 300
F.3d at 241 (quoting Cargill, 991 F.2d at 1016); see also
Terrorist Attacks I, 349 F.Supp.2d at 792-797 (explaining
that the possibly relevant exceptions to immunity in this
litigation include the commercial activities, torts, and
state sponsor of terrorism exceptions). Determining
whether this burden is met involves a ‘review [of] the
allegations in the complaint, the undisputed facts, if any,
placed before [the court] by the parties, and—if the
plaintiff comes forward with sufficient evidence to carry
its burden of production on this issue—[resolution of]
disputed issues of fact.’ ” Virtual Countries, 300 F.3d at
241 (quoting Robinson, 269 F.3d at 141). Throughout the
inquiry, Defendants retain the burden of persuasion,
which they must meet by a preponderance of the
evidence. Virtual Countries, 300 F.3d at 241; see also
Robinson, 269 F.3d at 141 n. 8.
A. Allegations Against Defendants Asserting
Foreign Sovereign Immunity
1. Saudi High Commission‘
In 1993, then-King Fahad bin Abdulaziz Al—Saud, the
President of the Council of *548 Ministers of Saudi
Arabia, decreed the formation of SHC, also known as the
Saudi High Relief Commission, by High Order 17419.
(Ashton Compl. 9 446; Burnett Compl. § 392; Federal
Compl. § 180; see also SHC Mem. in Sup. Mot. to
Dismiss at 3.) The same High Order named Defendant
Prince Salman the President of SHC. (Ashton Compl. J
446; Burnett Compl. J 392; SHC Mem. in Sup. Mot. to
Dismiss at 3.)
SHC allegedly has contributed $600 million to aid
“Bosnian Muslims impoverished by the country’s recent
civil war.” (Ashton Compl. J 446; Burnett Compl. J 392.)
Plaintiffs claim, however, that SHC does not provide
support to the needy but actually diverts funds for terrorist
activities. (Ashton Compl. 9 454; Burnett Compl. § 404.)
In support, Plaintiffs allege that Prince Salman received a
letter in September 2000 from a Bosnian association
claiming SHC did not provide charitable assistance, and
that none of the money collected after the fall of
Srebrenica in July 1995 actually reached the Srebrenican
people. (Ashton Compl. J§ 454-55; Burnett Com pl. TF
404-05; Federal Compl. JJ 185, 457.) Plaintiffs claim
WESTLAW
SHC’s financial records fail to account for $41 million.
(Ashton Compl. | 456; Burnett Compl. § 407; Federal
Compl. J 460.) SHC allegedly made donations to charity
Defendant Taibah and the bin Laden Establishment.
(Ashton Compl. JJ 376, 462 (relying on 1995 bin Laden
interview); Burnett Compl. J 298.) Plaintiffs also claim
that SHC is responsible for “importing the extreme form
of Saudi Islam, Wahhabism” to Bosnia. (Ashton Compl. J
447; Burnett Compl. § 393.)
The Federal Plaintiffs allege that al Qaeda fighters began
entering Bosnia—Herzegovina in 1992 disguised as SHC
relief workers. (Federal Compl. J 183.) On October 21,
2001, a group of Algerians who were supposedly part of
the al Qaeda network were arrested in Bosnia
Herzegovina on charges of terrorism directed at the
United States embassy. (Ashton Compl. Jf 448-49;
Burnett Compl. J§ 394-95.) One of the arrested, Sabir
Lamar, apparently worked for SHC as an Arabic language
teacher. (Ashton Compl. J 450; Burnett Compl. J 396.)
Also in October 2001, Plaintiffs claim that United States
forces raided the Sarajevo branch of SHC and “found
computer hard drives with photographs of the World
Trade Center before and after its collapse as well as
photos of United States embassies in Kenya and Tanzania
and the U.S.S. Cole.” (Ashton Compl. 9 451; Burnett
Compl. § 397; Federal Compl. J § 186, 458.) The U.S.
forces also apparently found files on pesticides and crop
dusters, the locations of Washington government
buildings, fake State Department badges, and cash.
(Ashton Compl. Ff 451, 453; Burnett Compl. Ff 397, 399;
Federal Compl. §§ 186, 459.) After the raid, the Financial
Police of the Federation of Bosnia Herzegovina Ministry
of Finance analyzed the seized documents and stated that
some did “not belong in the scope of work of a
humanitarian organization.” (Federal Compl. Ff 187, 459;
see also Ashton Compl. § 452; Burnett Compl. J 398.)
The Federal Plaintiffs claim that the SHC “has long acted
as a fully integrated component of al Qaida’s logistical
and financial support infrastructure ... [and that the attacks
of September 11 were] a direct, intended and foreseeable
product of [its] participation in al Qaida’s jihadist
campaign.” (Federal Compl. Jf 182, 189.)
*549 2. Prince Salman’
Prince Salman is a member of the Kingdom of Saudi
Arabia’s Council of Ministers, the governor of the
province of Riyadh, and the President of Defendant SHC.
(Prince Salman Mem. in Sup. Mot. to Dismiss at 2.)
Plaintiffs allege that Prince Salman provided material
support to Osama bin Laden and al Qaeda. (Ashton
Compl. J 255; Burnett Compl. § 403; Federal Compl. Jf
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| Filename | HOUSE_OVERSIGHT_017914.jpg |
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| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
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| Indexed | 2026-02-04T16:33:28.820558 |