Tuesday, September 23, 2014

The Ultimate Wrongdoer: The Arab Bank

A Brooklyn federal court jury has found the Jordan-based Arab Bank liable for facilitating attacks on civilians in Israel during the "second intifada".
I don't know that I would call the Arab Bank the ultimate wrongdoer as does Jon Gelman reporting on the recent jury verdict against the Arab Bank for laundering money for Palestinians who carried out suicide bombings in Israel.  I would say they have been held secondarily liable.  I consulted in a similar case brought by the victims of a bombing in Tel Aviv by Palestine Islamic Jihad.  The plaintiffs in Wultz v. Bank of China alleged that BOC should have known that the money deposited into Guangzhou branch was being funneled to PIJ, a militia which carried out attacks on civilians.  I addressed their potential liability under Chinese tort law for aiding and abetting.  The secondary liability claim survived a motion to dismiss but fell  on statute of limitations grounds.  The BOC litigation continues before Judge Shira Scheindlin as plaintiffs fight tooth and nail to obtain the discovery they need to establish liability under the Anti-Terrorism Act. - gwc

Workers' Compensation: The Ultimate Wrongdoer: The Arab Bank: "
by Jon Gelman
Yesterday a persevering plaintiff's legal team, in a landmark case, was able to obtain a verdict against an international bank that handled funds used by terrorists. It has been a decade long legal battle to seek justice against an ultimate wrongdoer. The determination of the the same lawyers who mounted successful cases against: the asbestos industry, big tobacco and lead paint companies, once again achieved victory in the civil justice system. While workers' compensation is a primary and limited payment of benefits, the real force for potential change in behavior is the responsibility imposed through litigation in the civil justice system against the ultimate wrongdoer.
The lawyers at Motley Rice who fought the arduous task against the Arab banks have accomplished a monumental victory that will all benefit mankind.  They report:
 "The eleven member jury agreed with plaintiffs’ claims that Arab Bank knowingly and systematically provided financial support to the leadership of Hamas and to the families of terrorist operatives including suicide bombers.
Motley Rice LLC represents nearly 20 U.S. citizens injured in suicide bombings and other terrorist attacks carried out by Hamas in Israel and the Palestinian Territories, in addition to dozens of other American victims of terrorism carried out by other groups, such as the Palestinian Islamic Jihad, and thousands of foreign plaintiffs under the Alien Tort Statute also pursuing claims against Arab Bank.

“We are so pleased that these plaintiffs have achieved justice after this brutal ten-year battle. Today’s verdict is a testament to their fortitude and determination,” said Motley Rice anti-terrorism and human rights attorney Michael Elsner, who represents plaintiffs in the case. “The late Motley Rice co-founder Ron Motley filed this action back in 2004. His passion for justice and his trust in jury trials was realized today. We all have a role to play in preventing terrorism in whatever sector we operate. It is now clearer than ever that this obligation extends to banks.”
“I strongly believe that this jury’s verdict marks a critical point in history and hopefully a turning point in the war against terrorism, especially now that we are faced with the rise of more terrorists,” stated Motley Rice client Joshua Faudem, who was injured in the Mike’s Place suicide attack bombing in Tel Aviv, Israel, on April 30, 2003. “By cutting off the financial support for terrorism, we are able to hurt terrorists the most. Without funding, they are not able to have the means to purchase equipment, bombs or arms, gain access to carry out violent acts or to create an elaborate system of support. I am proud to be part of this historic case.”"

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