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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
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| Indexed | 2026-02-04T16:33:31.019499 |