Allegations of Saudi‑linked banks and trusts funneling tens of millions to al‑Qaeda and 9/11 via front charities and subsidiaries

In re: TERRORIST ATTACKS ON SEPTEMBER 11, 2001., 2012 WL 257568 (2012) [was] to provide financial support and material assistance to international terrorist organizations including al Qaeda.” JA821. This support is alleged to have begun in 1982, when both Kamel and Dallah al Baraka “direct[ed] tens of millions of dollars in funds to at least 20 non-governmental organizations, including Osama bin Laden’s Mekhtab al Khidmat, the predecessor to al Qaeda ....” JA3162. Dallah al Baraka is also alleged to have “knowingly and intentionally lent material support to Al Qaeda through, infer alia, the use of interstate and international faxes, telephones, wire transfers and transmissions, and mailings.” JA1782, 3116. Additionally, Dallah al Baraka is alleged to have “knowingly and intentionally ... maintained and serviced bank accounts held by ... Al-Haramain whose funds were earmarked and transferred to Al Qaeda.” JA1783. Dallah al Baraka also is alleged to have “provided material support for terrorism,” by “consistently and constantly launder[ing] *85 money” and “engag[ing] in illegal transactions in monetary instruments.” R.1233, p. 3. Both Kamel and Dallah al Baraka are additionally alleged to have “continue[d] to maintain joint investments, shares, finances, and correspondent bank accounts with [Al Shamal Islamic Bank] even after it was widely known that the bank was materially supporting international terrorism and that Osama bin Laden was a major investor in the bank.” JA3128. Plaintiffs further allege that beginning in 1983, Dallah al Baraka “facilitated jihad operations in the world [by] providing Osama bin Laden with financial infrastructures in Sudan ....” R.1233, Ex. A, p. 7. Dallah al Baraka also is alleged to have entered into “joint ‘symbiotic business’ investments” with “al Qaeda[’s] network of front companies, farms and factories in Sudan.” JA3135-36. And Kamel and Dallah al Baraka are alleged to have provided material support to the Spanish al-Qaeda cell, which directly funded the September 11, 2001, attacks, by permitting their use of an Al Baraka Bank Finance House in Turkey to transfer money to Osama bin Laden’s courier in Europe, Mohamed Bahaiah. JA3148. In addition, plaintiffs’ complaints allege that Dallah al Baraka’s wholly-owned subsidiary and financial arm, Al Baraka Investment and *86 Development Company (““ABID Corp.”), often acting through subsidiaries over which ABID Corp. “exercised control and direction,” “has knowingly maintained accounts” for al-Qaeda front charities, including TRO, MWL, WAMY, BIF, and al Haramain. JA1782, 3832; R.1233, Ex. A, p.6. ABID Corp. “has long known that the[se] accounts ... were used to solicit and transfer funds to terrorist organizations, including al Qaida.” JA3832. ABID has also “facilitate[d] al Qaida’s fundraising efforts by “advertis[ing] the existence and numerical designations of the accounts it maintains for th[e]se charities throughout the Muslim world, and provid[ing] a mechanism to allow al Qaida’s supporters to deposit funds directly into those accounts.” JA3832. These actions were done “[i]n cooperation” with the charities in question. JA3832. Plaintiffs’ complaints also allege that Kamel and ABID Corp. engaged in a scheme to purchase and export sesame products with businesses they “knew or should have known” were “owned and operated by Osama bin Laden.” JA3137. (d) Dar-Al-Maal Al Islami (“DMI”) Trust The complaints allege that as one of the central banking entities used by Saudi Arabia beginning in the early 1980s to “channel[1 massive financial support for the spread of ... the radical brand of Islam at the heart *87 of the al Qaida ideology,” DMI Trust “directly and through its subsidiaries and affiliates, knowingly provided material support and resources to al Qaeda and/or affiliated individuals and entities.” JA3833, 4331. One such company is DMI Trust’s wholly owned and directly controlled subsidiary, DMI Administrative Services S.A. (“DMI S.A.”), which “puts into action the investments, strategies, distributions, and policies of the DMI Trust through direct assistance to al Qaeda.” JA4985; Companion Brief at Point I.B.2.(b)(ii). Such support is alleged to have taken the form of “laundering money for al Qaeda, knowingly and intentionally providing financial services to al Qaeda (including mamtaining and servicing al Qaeda bank accounts and accounts used to fund and support al Qaeda), and/or facilitating weapons and military equipment purchases and money transfers for al Qaeda.” JA2569, 4986-87. DMI Trust is alleged to have utilized its “zakat [and haram] accounts ... to support al Qaeda ... [and] transferred money for Al Haramain.” JA2569-70, 2594-95. Plaintiffs additionally allege that “DMI [Trust] and its affiliated and subsidiary companies have known that many of the ostensible charities to which they channeled Zakat and Haraam funds were, in fact, fronts for al Qaeda [, including ITRO and MWL].” *88 JA4337. “Despite the actual knowledge that money contributed to these charities was being used to support terrorist activities, DMI and its affiliates and subsidiaries continued to send funds to these charities in the form of Zakat and Haraam contributions on their own behalf and on behalf of their investors, depositors and account holders.” JA4338. Pleadings allege not only that DMI Trust acted through its wholly owned companies, but that those companies have WESTLAW HOUSE_OVERSIGHT_023390