HOUSE_OVERSIGHT_017926.jpg
Extracted Text (OCR)
In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005)
10 A.L.R. Fed. 2d 789
Once we understand the word “conduct” to require
some degree of direction and the word “participate” to
require some part in that direction, the meaning of §
1962(c) comes into focus. In order to “participate,
directly or directly, in the conduct of such
enterprise’s affairs,’ one must have some part in
directing those affairs. Of course, the word
“participate” makes clear that RICO liability is not
limited to those with primary responsibility for the
enterprise’s affairs, just as the phrase “directly or
indirectly’ makes clear that RICO liability is not
limited to those with a formal position in the enterprise,
but some part in directing the enterprise’s affairs is
required.
Td. at 179, 113 S.Ct. 1163. Therefore “to state a claim for
liability under § 1962(c), Plaintiffs must allege that the
[Defendants] participated ‘in the operation or
management of the enterprise itself,’ which requires that
these Defendants must have had some part in directing the
enterprise’s affairs.” Redtail Leasing, Inc. v. Bellezza, No.
95 Civ. 51910FK), 1997 WL 603496, at *5 (S.D.N-Y.
Sept.30, 1997).
25] 26] The TVPA provides a cause of action against
individuals who under actual or apparent authority of any
foreign nation subject an individual to torture or
extrajudicial killing. 28 U.S.C. § 1350 note; Arndt v. UBS
AG, 342 F.Supp.2d 132, 141 (E.D.N.Y.2004). The TVPA
claims against Rabita Trust, TRO, Success Foundation,
and the SAAR Network entities are dismissed because
these Defendants are not individuals. Arndt, 342
F.Supp.2d at 141. The TVPA claims against Tarik Hamdi,
Abdulrahman Alamoudi, Wa‘el Jalaidan, and the SAAR
Network executives are dismissed because there is no
allegation that these Defendants were acting under *566
color of state law. In re: South African Apartheid
Litigation, 346 F.Supp.2d 538, 548 (S.D.N-Y.2004)
(finding no TVPA claim where complaint did not include
allegation of individual acting under color of state law or
with significant state aid)
Under New York law, Plaintiffs who are personal
representatives who sufficiently allege that Defendants
caused the death of their represented decedent will have
also stated a claim for wrongful death and survival. N.Y.
Est. Powers & Trusts Law §§ 5-4.1 (providing claim for
wrongful death) and 11-3.2(b) (providing claim for
survival).
271 281 Plaintiffs bring various torts claims against these
Defendants. As the Court explained in Terrorist Attacks [,
the Federal Plaintiffs’ claims of assault, battery, and
intentional infliction of emotional distress are
time-barred, and therefore dismissed against Rabita Trust,
WESTLAW
Wa‘el Jalaidan, TRO, Tarik Hamdi, Abdulrahman
Alamoudi, Mar—Jac Poultry, and the SAAR Network
executives. Terrorist Attacks I, 349 F.Supp.2d at 829;
N.Y. C.P.L.R. 215(3). To the extent the Ashton and
Burnett Plaintiffs plead that Defendants are liable for the
September 11 attacks as co-conspirators or aiders or
abettors of al Qaeda, they will have pled a claim for relief
for intentional infliction of emotional distress, which
requires extreme and outrageous conduct, intent to cause
severe emotional distress, a causal connection between
the conduct and the injury, and severe emotional distress.
See Stuto v. Fleishman, 164 F.3d 820, 827 (2d Cir.1999),
The Federal Plaintiffs’ trespass claims require “the
interference with a person’s right to possession of real
property either by an unlawful act or a lawful act
performed in an unlawful manner.” N.Y. State Nat’l Org.
for Women v. Terry, 886 F.2d 1339, 1361 (2d Cir.1989).
Provided the Federal Plaintiffs plead that Defendants here
acted in concert with the September 11 hijackers, they
will have stated a claim for relief for trespass. Finally, the
negligence claims against the Defendants are dismissed
because the complaints do not allege or identify a duty
owed to Plaintiffs by these Defendants. Terrorist Attacks
L, 349 F.Supp.2d at 830-31.
To summarize, the TVPA and negligence claims against
all of the Defendants moving for dismissal under Rule
12(b)(6) here are dismissed. The Federal claims of assault
and battery and intentional infliction of emotional distress
are also dismissed. The Court reviews the complaints to
determine if they state a claim for relief under the ATA
and RICO. If Plaintiffs state a claim for relief under the
ATA, they will have also stated a claim for wrongful
death and survival, the Federal Plaintiffs will have stated
a claim for trespass, and the Ashton and Burnett Plaintiffs
will have stated claims for intentional infliction of
emotional distress. Plaintiffs who are aliens will have also
stated a claim for relief under the ATCA.
A. Tarik Hamdi”
P91 The Burnett and Federal Plaintiffs allege that after
1996, when Osama bin Laden declared war on
Americans, Tarik Hamdi allegedly arranged for the
delivery of a battery for a satellite phone used by Osama
bin Laden. (Burnett Compl. Jf 245, 581 (citing arguments
of then-AUSA Kenneth Karas); Federal RICO Statement
Ex. A.) Osama bin Laden allegedly used that phone and
battery pack to coordinate and order the African embassy
bombings. (Federal RICO Statement Ex. A.)
*367 Plaintiffs also allege that Hamdi is affiliated with
various al Qaeda operatives. For instance, he has
HOUSE_OVERSIGHT_017926
Extracted Information
Dates
Document Details
| Filename | HOUSE_OVERSIGHT_017926.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 5,365 characters |
| Indexed | 2026-02-04T16:33:31.879515 |