Hake v. Bank Markazi Cases

HAKE v. BANK MARKAZI

 

Osen LLC (together with Turner & Associates, P.A.) represents more than 110 families of Americans who were victims of Iranian-supported terrorism in Iraq between 2007 and 2011. The case, captioned Hake v. Bank Markazi, was filed in federal district court in Washington, D.C. The defendants, Bank Markazi (“Central Bank of Iran” or “CBI”), Bank Melli Iran, Melli Bank PLC, and the state owned and operated National Iranian Oil Company (NIOC) are all instrumentalities of Iran.  The Hake complaint details the defendants’ alleged involvement in a conspiracy directing millions of U.S. dollars in arms, equipment and materiel to Hezbollah, the IRGC and the IRGC-QF.

 

The Complaints are brought under the Terrorism Exception of the Foreign Sovereign Immunities Act (FSIA), which is the mechanism used to sue State Sponsors of Terrorism like Iran. To be eligible to bring a lawsuit against one of these countries, a plaintiff must be claiming money damages for personal injuries or death caused by (1) an act of torture, (2) extrajudicial killing (or attempted extrajudicial killing), (3) aircraft sabotage, (4) hostage taking, or (5) the provision of material support or resources for one of those four acts. Federal judges have consistently awarded monetary damages to terror victims under the FSIA’s Terrorism Exception for deaths and injuries caused by, for example, the Libyan bombing of an airliner over Scotland, Iranian kidnappings, and Iranian material support to Palestinian terrorist groups.


Justice for United States Victims of State Sponsored Terrorism

(42 U.S.C. §10609)

 

The United States Victims of State Sponsored Terrorism Fund (Fund) was created by legislation Congress passed in 2015 to provide compensation to a specific group of international terrorism victims harmed by state sponsored terrorism. The Fund is designed to compensate victims of international state sponsored terrorism who have secured final judgments in a United States district court against a state sponsor of terrorism. Once a claimant obtains a final judgment, they must file a claim within 90 days of obtaining that final judgment.

 

Because the Fund has limited resources and there are many terrorism victims harmed by state sponsored terrorism who have (or will obtain) final judgments against them, it is unlikely that any claimant will receive the full amount of their judgments, but the Fund offers the possibility of some compensation and is often worth pursuing.