AVERBACH v. CAIRO AMMAN BANK
Osen LLC (together with co-counsel) represents 20 families who were victims of terrorist attacks committed by the Palestinian Foreign Terrorist Organization (“FTO”) known as Hamas. The Second Amended Complaint in Averbach v. Cairo Amman Bank alleges that Cairo Amman Bank, headquartered in Jordan, aided and abetted Hamas by knowingly providing financial services and maintaining accounts for the terrorist organization.
The Second Amended Complaint also alleges that Cairo Amman Bank facilitated reward payments from Saddam Hussein’s regime to the families of suicide bombers. The “martyr” payments, which were carried out in extensive public ceremonies, glorified and incentivized acts of terrorism against civilians, and they received widespread publicity in the Palestinian Territories. For example, leading Palestinian papers reported on the increases of payments that Hussein made from $10,000 to $15,000. Coverage of the payments was not restricted to local newspapers. Papers in the United States, France, the United Kingdom, Australia, and elsewhere reported extensively on the payments, including Hussein’s further increase of payments to $25,000. In 2003, the Guardian reported that Cairo Amman Bank held accounts from which “martyr” payments were made and that “With each cheque, drawn on the Cairo Amman Bank, came a large certificate decorated with the Iraqi and Palestinian flags. ‘A gift from President Saddam Hussein to the family of a martyr in the al-Aqsa intifada,’ the inscription read. ‘To those who irrigate the land with their blood. You deserve the honor you will receive from God and you will defeat all who bow before your will.’”
Hamas was established in December 1987 with the help of a pre-existing da’wa (social welfare) infrastructure – the network of Muslim Brotherhood institutions established by Sheikh Ahmed Yassin and other senior Muslim Brotherhood leaders in Gaza that became the backbone of Hamas’s physical infrastructure and political power base. Since its founding, Hamas’s da’wa organizations have played a direct role in facilitating the group’s terrorist attacks, including suicide bombings. For example, then-FBI Deputy Director John Pistole testified to Congress in 2003 that at least “a portion” of contributions made to Hamas fronts directly support “the terrorist organization’s military wing”; other funds also support Hamas attacks indirectly, as “any contribution to Hamas, for any purpose, frees up other funds for its planned violence.” Similarly, the Fifth Circuit Court of Appeals concluded in United States v. El-Mezain that even though the defendants’ transfers were made to Hamas da’wa institutions that “performed some legitimate charitable functions,” “by supporting such entities, the defendants facilitated Hamas’s activity by furthering its popularity among Palestinians and by providing a funding resource” that “allowed Hamas to concentrate its efforts on violent activity.”
The Second Amended Complaint alleges that Cairo Amman Bank knowingly maintained accounts and facilitated international funds transfers for prominent Hamas organizations in the Gaza Strip such as Al-Mujama Al-Islami (The Islamic Center), Al-Jam’iya Al-Islamiya (The Islamic Society), and Al Salah Society, among other well-known Hamas institutions there. The Second Amended Complaint further alleges that Cairo Amman Bank knowingly maintained accounts and facilitated international funds transfers for prominent Hamas organizations in the West Bank such as the Islamic Charitable Society – Hebron, the Jenin Zakat Committee, the Ramallah Zakat Committee, the Nablus Zakat Committee, the Al-Tadamun Charitable Society – Nablus, and the Tulkarem Zakat Committee.
Islamic Center of Gaza (Al-Mujama Al-Islami)
The Islamic Center of Gaza or the Islamic Complex-Gaza, otherwise known as Al-Mujama Al-Islami, is one of the oldest and most important charities comprising Hamas’s da’wa network. Formally established in 1973, Al-Mujama focused in the 1970s on building new mosques to establish a power base for the Muslim Brotherhood outside the traditional channels of the Islamic religious authorities in the Gaza Strip. Sheikh Yassin, a founder of Hamas and its spiritual leader until his death, founded Al-Mujama, which he originally developed as an umbrella organization for several religious charities and groups in Gaza. Yassin’s deputy, Abd al-Aziz al-Rantisi, was also a co-founder of both Al-Mujama and Hamas, and both of them have been featured in the organization’s fundraising literature. Six of the seven co-founders of Hamas were members of Al-Mujama. In the late 1970s and early 1980s, Al-Mujama turned its attention to facilitating a Muslim Brotherhood takeover of the Islamic University of Gaza, which further extended its influence in Gaza. In 1993, Hamas operative Muin Shabib, speaking at a Hamas meeting in Philadelphia, tied Al-Mujama to Hamas and described it – along with others – as “our organizations.” Due to Al-Mujama’s ties to Hamas, it was declared an “unlawful organization” in 2002 by the Israeli government, and its accounts were frozen by the Palestinian Authority in 2003. In May 2007, the U.S. Department of Justice identified Al-Mujama as an “organization that operates on behalf of, or under the control of, Hamas,” in the list of unindicted co-conspirators in the United States v. Holy Land Foundation criminal trial.
Islamic Society Gaza (Al-Jam’iya Al-Islamiya)
The Islamic Society Gaza or Islamic Association-Gaza, otherwise known as Al-Jam’iya Al-Islamiya, is one of the largest and oldest charitable organizations within Hamas’s da’wa network. It was founded in 1976 by Sheikh Yassin. Like the Islamic Center of Gaza, Hamas operative Muin Shabib described the Islamic Society of Gaza as one of “our organizations” at the 1993 Hamas meeting in Philadelphia. Due to the Islamic Society’s ties to Hamas, it was declared an “unlawful organization” in 2002 by the Israeli government, and its accounts were frozen by the Palestinian Authority in 2003. In a letter dated November 28, 2002, the German Intelligence Service informed the German Ministry of the Interior in Berlin that “[t]he association Al-Jam’iya Al-Islamiya should be considered closely associated to HAMAS’ sphere of influence.” Several individuals were centrally involved in both Al-Jam'iya and Hamas, including Sheikh Yassin, who was involved in founding both; Ahmad Bahar; and Ibrahim al-Yazuri. A particularly disturbing example of indoctrination activity conducted at the Islamic Society is reflected in a video of a graduation ceremony for one of its kindergartens, in which the children were dressed in Hamas uniforms, carried mock rifles, and swore an oath “to pursue jihad, resistance, and Intifada.” In May 2007, the U.S. Department of Justice identified Al-Jam’iya as an “organization that operates on behalf of, or under the control of, Hamas,” in the list of unindicted co-conspirators in the United States v. Holy Land Foundation criminal trial.
Al Salah Society
According to the U.S. government, the al Salah Society, or Jamiyat al-Salah, is a key part of Hamas’s charitable network. It quotes Ismail Abu Shanab, a senior Gaza-based Hamas founder and leader, stating that al Salah is “one of the three charities that form Hamas’ welfare arm.” According to a 2001 article in The New York Times, al Salah received funding from Saudi Arabia, and “money is then wired to a Gaza branch of the private, Palestinian-owned Arab Bank: $5,000 for spouses or parents of those killed, $2,500 for the wounded.” Due to al Salah’s ties to Hamas, it was declared an “unlawful organization” in 2002 by the Israeli government, and its accounts were frozen by the Palestinian Authority in 2003. In a letter dated November 28, 2002, the German Intelligence Service informed the German Ministry of the Interior in Berlin that “[t]he association Jam’iyat al-Salah / Al-Salah Islamic Association in the center of the Gaza Strip is an Islamic charitable society directly associated with HAMAS.” After the PA’s aforementioned action in 2003, it confirmed that al Salah was indeed a front for Hamas, a fact underscored by the Treasury Department’s subsequent designation of al Salah in 2007. According to the Treasury Department, “Hamas has used the Al-Salah Society, as it has other charitable fronts, to finance its terrorist agenda,” and “Al Salah supported Hamas affiliated combatants during the first Intifada and recruited and indoctrinated youth to support Hamas’ activities. It also financed commercial stores, kindergartens and the purchase of land for Hamas.” Al Salah was, for over a decade, directed by Ahmad Al-Kurd, who was also designated a Specially Designated Global Terrorist and tied to Hamas: “Al-Kurd’s affiliation with Hamas goes back over a decade. During the First Intifada, Al-Kurd served as a Hamas Shura Council member in Gaza. As of late 2003, Al-Kurd was allegedly the top Hamas leader in Deir al-Balah, Gaza. Since mid-2005, he has served as the mayor of Deir Al-Balah, elected as a Hamas candidate.” In May 2007, the U.S. Department of Justice identified al Salah as an “organization that operates on behalf of, or under the control of, Hamas,” in the list of unindicted co-conspirators in the United States v. Holy Land Foundation criminal trial.
Islamic Charitable Society – Hebron
The Islamic Charitable Society – Hebron (“ICSH”) was an important component in the da’wa infrastructure of Hamas in the Hebron area, where it was considered the central civilian institution of Hamas and was publicly identified with the terrorist organization. The ICSH was also known as the central civilian institution of Hamas in the entire West Bank, and Hamas transferred money through it to other institutions identified with it. It was founded in 1962, and since at least 1991 it has been widely associated with and controlled by Hamas. During the Second Intifada period, most of the ICSH’s leadership were Hamas members. Due to the Islamic Charitable Society’s ties to Hamas, it was declared an “unlawful organization” in 2002 by the Israeli government. In a letter dated November 28, 2002, the German Intelligence Service informed the German Ministry of the Interior in Berlin that “[t]he … Islamic Charitable Society (Hebron) is an Islamic charitable association directly associated with HAMAS. This is the most important HAMAS society in the West Bank….Numerous leading HAMAS members are participating in the club leadership….The association receives donations from the ‘Saudi Committee for the Support of al-Aqsa Intifada,’…which are to be passed on specifically to families of Palestinian ‘martyrs.’ Among the names ‘martyrs’ are also suicide bombers.” In May 2007, the U.S. Department of Justice identified the Islamic Charitable Society – Hebron as an “organization that operates on behalf of, or under the control of, Hamas,” in the list of unindicted co-conspirators in the United States v. Holy Land Foundation criminal trial.
Jenin Zakat Committee
The Jenin Zakat Committee (“JZC”) was founded in 1985 and has been controlled by prominent Hamas operatives as early as the first years of the 1990s. The JZC was closely intertwined in Hamas’s violent terrorist activities. In fact, one of the core functions of the JZC during 2000-2004 was to provide payments to the families of “martyred” Hamas operatives and other Palestinian “martyrs.” Due to the Jenin Zakat Committee’s ties to Hamas, it was declared an “unlawful organization” in 2002 by the Israeli government. A 2004 report issued by the Israeli Civil Administration in the Palestinian Territories stated, “Documents were found in the offices of the [Jenin] Zakat Committee, which unequivocally prove the support received by the families of Palestinian terrorists from the Committee. One of the documents contains a request for aid for 12 activists, who were dominant figures amongst the terrorists in the Jenin region. This proves and exposes the connection between the Zakat Committee and terrorists and their families.” In May 2007, the U.S. Department of Justice identified the Jenin Zakat Committee as an “organization that operates on behalf of, or under the control of, Hamas,” in the list of unindicted co-conspirators in the United States v. Holy Land Foundation criminal trial.
Ramallah Zakat Committee
The Ramallah Zakat Committee (“RZC”) was founded in 1977 and has for many years been identified as part of the Hamas da’wa system in the West Bank. During the Second Intifada period, most of the RZC’s leadership were Hamas members. The RZC was closely intertwined with Hamas’s violent terrorist activities. The Palestinian Authority’s General Intelligence Service noted in an undated report seized by Israeli forces in 2002 that the charity “supports the families of imprisoned and deported individuals” and that the “higher echelons of this society and others like it belong to Hamas, and some of them are movement [Hamas] activists.” In fact, the RZC’s expense report for November and December 2000 reveals that among the families who benefited from its financial aid were several senior Hamas operatives. The expense report also included entries for payments to the families of “martyrs.” Due to the Ramallah Zakat Committee’s ties to Hamas, it was declared an “unlawful organization” in 2002 by the Israeli government. In a letter dated November 28, 2002, the German Intelligence Service informed the German Ministry of the Interior in Berlin that “[t]he … Zakat Committee of Ramallah is closely connected with HAMAS, and therefore, as part of its social network, can be directly linked to HAMAS.” In May 2007, the U.S. Department of Justice identified the Ramallah Zakat Committee as an “organization that operates on behalf of, or under the control of, Hamas,” in the list of unindicted co-conspirators in the United States v. Holy Land Foundation criminal trial.
Nablus Zakat Committee
The Nablus Zakat Committee (“NZC”) was founded in 1977. It was part of Hamas’s da’wa infrastructure in the West Bank during the Second Intifada period. During that period, the NZC’s executive management were members of Hamas, and Hamas leaders in Nablus, including Sheikh Hamed al-Beitawi, were among its most influential members. Beitawi was a public leader and spokesman for Hamas and later served on the Palestinian Legislative Council on Hamas’s behalf. Due to the Nablus Zakat Committee’s ties to Hamas, it was declared an “unlawful organization” in 2006 by the Israeli government. In May 2007, the U.S. Department of Justice identified the Nablus Zakat Committee as an “organization that operates on behalf of, or under the control of, Hamas,” in the list of unindicted co-conspirators in the United States v. Holy Land Foundation criminal trial.
Al-Tadamun Charitable Society – Nablus
Al-Tadamun Charitable Society – Nablus (“al-Tadamun”) was founded in Nablus in 1956 and is one of the oldest charitable societies in the West Bank. Over time, Hamas took control of al-Tadamun, such that by the end of the 1990s, through the Second Intifada period, al-Tadamun’s management committee was composed primarily of Hamas leaders, and its primary goal was to promote Hamas’s goals. During the Second Intifada period, al-Tadamun was publicly identified as connected to Hamas; in fact, it was largely considered the “flagship” of Hamas’s da’wa apparatus in the northern West Bank. Al-Tadamun works closely with the Nablus Zakat Committee (most of the management committee members, including Hamed al-Beitawi, served in both associations at the same time), which also has a close connection with Hamas. Due to al-Tadamun’s ties to Hamas, it was declared an “unlawful organization” in 2002 by the Israeli government. In a letter dated November 28, 2002, the German Intelligence Service informed the German Ministry of the Interior in Berlin that “[t]he … Al-Tadamun Charitable Society is directly associated with HAMAS.”
Tulkarem Zakat Committee
The Tulkarem Zakat Committee (“TZC”), founded in 1981, was part of Hamas’s civilian infrastructure during the Second Intifada period. During the Second Intifada period, many of the TZC’s leadership were Hamas members. When Israeli forces raided the TZC’s offices in April 2002, they found posters, handbills, and other material praising suicide bombers and encouraging Palestinian youths to follow in their footsteps. One handbill included a statement from the mother of a 19-year-old Hamas terrorist who killed five people and wounded 24 in a March 2002 rifle and grenade attack, calling on her fellow Palestinian mothers not to stand in the way of their sons’ “martyrdom,” and a poster featured Abdullah Azzam, Osama Bin Laden’s mentor, with a passage encouraging jihad. Due to the Tulkarem Zakat Committees’s ties to Hamas, it was declared an “unlawful organization” in 2002 by the Israeli government. In a letter dated November 28, 2002, the German Intelligence Service informed the German Ministry of the Interior in Berlin that “[t]he … Zakat-Committee Tulkarem is clearly under the control of HAMAS.” In May 2007, the U.S. Department of Justice identified the Tulkarem Zakat Committee as an “organization that operates on behalf of, or under the control of, Hamas,” in the list of unindicted co-conspirators in the United States v. Holy Land Foundation criminal trial.
The Second Amended Complaint also alleges that Cairo Amman Bank knowingly maintained accounts and facilitated international funds transfers for five prominent Hamas leaders, including Abbas al-Sayed, the senior commander in Hamas’s Izz al-Din al-Qassam Brigades – Hamas’s operational terrorist wing – and Hamas’s appointed representative in Tulkarem. Al-Sayed masterminded the March 2002 bombing of the Park Hotel in Netanya, in which more than two dozen people were killed. Al-Sayed was convicted for his central role in that and other terrorist attacks and sentenced to 35 life sentences. The Second Amended Complaint also alleges that Cairo Amman Bank knowingly maintained an account for Abd al-Khaleq al-Natshe, the Administrative Director of the Hamas-controlled Islamic Charitable Society – Hebron (discussed below) until he was arrested for his Hamas-related activities in 2002, was Hamas’s spokesman in Hebron. He appeared at large Hamas gatherings and emphasized the importance of continuing the Second Intifada. He also assisted operatives from the Qassam Brigades. After his arrest and conviction in 2002, al-Natshe confirmed that he was a representative of Hamas’s “political wing” and was in direct contact with then Hamas supreme leader Khalid Mishal, who publicly identified al-Natshe as one of the founders of Hamas in Hebron.
On April 11, 2022, the Magistrate Judge issued a Report and Recommendation. The magistrate judge wrote that “Plaintiffs have plausibly alleged that CAB knowingly and substantially assisted Hamas’ terror activities” and therefore recommended that CAB’s motion to dismiss Plaintiffs’ aiding-and-abetting claim under JASTA be denied.
