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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
at that address, or elsewhere.” *570 (Burnett Compl. J
262; Ashton Compl. § 334.) The complaints further allege
that many of the “SAAR Network” organizations’ offices
in Herndon were raided im March 2002 as part of
Operation Greenquest to investigate “potential money
laundering and tax evasion activities and their ties to
terrorist groups such as ... al Qaeda as well as individual
terrorists ... (including) Osama bin Laden.” (Burnett
Compl. J 263; Ashton Compl. § 335.) As noted above,
Plaintiffs claim that the entity Defendants are among
numerous co-conspirators, material sponsors, and/or
aiders and abettors of the SAAR Network. (Burnett
Compl. § 267; Ashton Compl. § 339.) The Plaintiffs also
refer the Court to their allegations regarding charity
sponsors of terror. (See, e.g., Burnett Compl. J¥ 150-53
(alleging, for example, that charity Defendants “are used
as terrorist fronts, to mask money transfers and provide
cover for terrorist operatives”).) Additionally, the Ashton
complaint claims that IIIT received its “operating
expenses” from SAAR and “in turn financed two Florida
charitable organizations accused of being cells for Islamic
Jihad in Florida.” Ud. § 579.)
Unlike the SAAR Network entities whose motions to
dismiss the Federal complaint the Court considered in its
previous opinion and order, see Terrorist Attacks I, 349
F.Supp.2d at 822—23, these Defendants do not dispute that
this Court has personal jurisdiction over them. Although
each of these moving Defendants filed a separate motion
to dismiss, their arguments in favor of dismissal are
similar.’ They argue that, even “assum[ing] that plaintiffs
have stated a claim against the “SAAR Network,’ ” (see,
e.g., African Muslim Agency’s Mem. in Supp. Mot. to
Dismiss at 3, n.1) the complaints must be dismissed
because they contain only conclusory allegations that they
are “co-conspirator[s], material sponsor[s], and/or aider[s]
and abettor[s] of the SAAR Network.” (Burnett Compl. J
267; Ashton Compl. § 339.) Further, they argue that the
complaints must be dismissed because they do not allege
that they donated any money improperly, or with the
knowledge that it would be given to Osama bin Laden, al
Qaeda, or to any other charity allegedly funneling money
to terrorists.
38] Plaintiffs offer the legal conclusion that the SAAR
Network entities conspired with the SAAR Network.
These Defendants, however, have no notice of the factual
grounds on which Plaintiffs’ claims of conspiracy are
based. See Jackson, 372 F.3d at 1271 (explaining
Swierkiewicz does not permit bare conclusory allegations
without notice of the factual grounds on which they
purport to be based); see also Bodner v. Banque Paribas,
114 F.Supp.2d 117, 125 (E.D.N.Y.2000) (noting the
Second Circuit “has dismissed complaints which plead
WESTLAW
conspiracy in vague or conclusory terms and which do not
allege specific instances of misconduct in furtherance of
the conspiracy”); Ying Jing Gan v. City of New York, 996
F.2d 522, 534 (2d Cir.1993) (explaining that on a Rule
12(b)(6) motion, “legal conclusions, deductions or
opinions couched as factual allegations are not given a
presumption of truthfulness”) (internal quotations
omitted)). The Burnett complaint against African Muslim
Agency, Grove Corporate, Heritage Education Trust,
International Institute of Islamic Thought, Mar—Jac
Investments, Mar—Jac Poultry, Reston Investments, Safa
Trust, *571 and York Foundation is therefore dismissed
without prejudice. For the same reasons, the Ashton
complaint against Mar—Jac Poultry is dismissed without
prejudice.
3°l The Ashfon complaint alleges one action by IIIT in
support of its claims—that it allegedly financed two
charitable organizations in Florida accused of being
Islamic Jihad cells. The complaint does not allege that
INT knew these charities were Islamic Jihad cells or
whether and how these cells participated in or contributed
to al Qaeda’s agenda of terror. See Boim II, 291 F.3d at
1011-12 (making donations to an alleged terrorist group,
without “knowledge of and intent to further payee’s
violent criminal acts,” cannot sustain cause of action).
Accordingly, the Ashton complaint against HIT is
dismissed without prejudice.
4°1 In support of the claim that Mar—Jac Poultry is a
material sponsor of terrorism, Plaintiffs allege two acts:
first, that it donated money to African Muslim Agency,
which the Plaintiffs clatm was later “laundered,” and
second, that it donated money to unnamed SAAR
Network entities, which was later forwarded to al Qaeda.
(See Federal RICO Statement Applicable to SAAR
Network Entities at 5(f) and Ex. A.) The RICO claim
against Mar—Jac Poultry is dismissed because it is not
alleged that Mar—Jac had any role in directing an
enterprise, see Redtail Leasing, Inc., 1997 WL 603496, at
*5. The Federal complaint does not provide Mar—Jac
Poultry with notice as to how it could be liable for the
terrorist attacks. See Boim IT, 291 F.3d at 1012 (“To hold
the defendants liable for donating money without
knowledge of the donee’s intended criminal use of the
funds would impose strict liability. Nothing in the
language of the statute or its structure or history supports
that formulation.”). Mar—Jac’s motion to dismiss the
Federal complaint is therefore granted.
2. Executives
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| Indexed | 2026-02-04T16:33:33.293504 |