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In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005) 10 A.L.R. Fed. 2d 789 D. TRO" 23! Plaintiffs claim that ITRO has “materially supported terror around the globe, including Osama bin Laden and al Qaeda.” (Ashton Compl. § 310; Burnett Compl. J§ 234, 239; Federal Compl. § 133.) In the early 1990s, TRO “was rapidly becoming al Qaeda’s foremost charity used as a means to transfer funds, personnel, and other means of material support.” (Burnett Compl. J 326; Federal Compl. § 142.) Plaintiffs clatm IIRO remains “firmly entrenched with Osama bin Laden’s al Qaeda organization” because of its support of an al Qaeda guest house in Egypt, its office’s close proximity to Osama bin Laden’s personal office in Sudan, and its relationship with bin Laden’s brother-in-law Defendant Mohammed Jamal Khalifa. (Ashton Compl. F§ 310, 315, 317; Burnett Compl. Ff 234, 239, 241.) Mohammed Jamal Khalifa headed IIRO’s Philippines office, which served as a center of terrorist financing and training. (Ashton Compl. § 310; Burnett Compl. § 234; Federal Compl. §§ 135-36.) Khalifa collected and laundered money for al Qaeda through ITRO’s Phillipines office. (Ashton Compl. J 316; Burnett Compl. J 240.) Through Khalifa, IRO was allegedly involved with bombings in Jordan in 1993 and 1994, the 1993 attack on the World Trade Center, plots to assassinate former President Bill Clinton and the late Pope John Paul II and to simultaneously blow up twelve American airliners, and the 1998 Embassy bombings in Africa. (Ashton Compl. Jf 310, 318, 510-12; Burnett Compl. Jf 189, 234, 239 240, 242; Federal Compl. Ff 136, 137, 139.) *363 Plaintiffs claim HIRO supported al Qaeda terrorists in other ways as well. One of the September 11 hijackers claimed to be working for IIRO’s Fazeh Ahed. (Ashton Compl. § 322; Burnett Compl. J 246.) IIRO allegedly funded the Taliban regime with $60,000,000. (Ashton Compl. § 322; Burnett Compl. § 246.) Pakistan deported 89 aid workers from the ITRO on the grounds that they were supporting al Qaeda. (Ashton Compl. § 322; Burnett Compl. § 246; Federal Compl. J 144.) Plaintiffs claim TRO funded al Qaeda training camps in Afghanistan. (Ashton Compl. § 556; Federal Compl. J 134 (basing allegations on declassified 1996 CIA report alleging TRO funded six al Qaeda training camps, including those from which it planned, approved, and coordinated the September 11 attacks and where hiyackers received training and indoctrination).) ITRO funded Egyptian al-Jihad, a branch of al Qaeda. (Burnett Compl. J 243.) TRO conducted a joint fundraising event with al-Haramain and WAMY in Rtyadh, Saudi Arabia in December 1999. (Burnett Compl. § 156.) Defendant MWL is the parent organization of RO and WESTLAW uses it as an “operational arm to perform many of its charitable activities.” (Ashton Compl. J 298; Federal Compl. F¥ 130-31.) Plaintiffs claim TRO also works with numerous other charities allegedly affiliated with al Qaeda, including SJRC, BIF, Global Relief Foundation, Taibah International, Islamic African Relief Agency, and WAMY. (Ashton Compl. § 320; Burnett Compl. Jf 172, 244; Federal Compl. J 147.) The FBI raided IIRO’s offices in Virginia after September 11, 2001. (Ashton Compl. J 322; Burnett Compl. § 246.) Plaintiffs allege that ITRO operates under the name International Relief Organization (“IRO”) in the United States in Falls Church, Virginia, and that the ITRO and IRO transfer money to each other and have the same president. (Ashton Compl. J¥ 311, 320; Burnett Compl. Tf 172, 235, 237; Federal Compl. § 146 (U.S. branch established in 1991); see also Parrett Aff. Ex. 1 (attaching IRO’s 1991 certificate of incorporation in Virginia); id. Ex. 2 (attaching IRO’s 1993 certificate for doing business in Virginia under assumed name of International Islamic Relief Organization (IIRO)).) IIRO claims IRO was finally dissolved as a corporate entity in December 2002. (Saleh bin Abdallah Alsaikhan Decl. ¥ 10.) The parties agree that this Court’s exercise of personal jurisdiction over ITRO depends on its contacts with the United States as a whole under Rule 4(k)(1). The Court looks, therefore, at JJRO’s contacts with the United States. It appears that IIRO was operating in the United States until December 2002. It is alleged to have supported an al Qaeda guest house. Through its relationship with Mohammed Jamal Khalifa, it has allegedly been involved in several al Qaeda attacks and plots for other attacks. It has allegedly funded the Taliban and al Qaeda training camps in Afghanistan. The Court finds that Plaintiffs have made a prima facie case that IIRO has purposefully directed its activities at the United States, thus satisfying the constitutional minimum contacts requirement. IIRO’s motions to dismiss the Ashton, Burnett, and Federal complaints are denied. III. Failure to State a Claim In these Rule 12(b)(6) motions to dismiss for failure to state a claim, the Court accepts as true the facts alleged in the complaints and draws all reasonable inferences in favor of Plaintiffs. Harris v. City of New York, 186 F.3d 243, 247 (2d Cir.1999). The complaints should be dismissed only if it appears beyond doubt *564 that Plaintiffs can prove no set of facts in support of their claims that would entitle them to relief. /d.; see also HOUSE_OVERSIGHT_017924

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Filename HOUSE_OVERSIGHT_017924.jpg
File Size 0.0 KB
OCR Confidence 85.0%
Has Readable Text Yes
Text Length 5,336 characters
Indexed 2026-02-04T16:33:31.019499