http://www.terrorfinance.org/the_terror_finance_blog/2007/02/a_clear_warning .html
A clear warning to the banks: Stop providing banking services to the terrorists The Almog <http://sev.prnewswire.com/banking-financial-services/20070130/DCTU030300120 07-1.html> v. Arab Bank case was brought by victims or family members of victims of suicide and other bombings carried out by various terrorist organizations who allege that Arab Bank had "knowingly provided banking and administrative services to various organizations identified by the US government as terrorist organizations that sponsored suicide bombings and other numerous attacks on innocent civilians in Israel". Arab Bank filed a motion to dismiss on the basis, among others, (1) that a heightened pleading standard should apply to terrorist financing cases, and (2) that providing banking services to, and allowing its bank to be used for the transfer of funds to, terrorists and organizations affiliated with terrorists constitutes nothing more than "ordinary banking transactions". On January 29, 2007 (almog_v. <http://jcb.blogs.com/jcb_blog/files/almog_v.%20Arab%20Bank%20Opinion%20and% 20Order%2029012007.pdf> Arab Bank Opinion and Order 29012007.pdf), the US District Court for the Eastern District of New York partially denied Arab Bank's motion to dismiss in ruling on two critical issues often arising in terrorism financing cases: Pleading standards in TF cases The Court ruled that "None of provisions of the Anti-Terrorism Act imposes a heightened pleading standard, nor do any require that Arab Bank have had the specific intent to cause the specific acts which injured plaintiffs. It is sufficient that Arab Bank played a role in a well-publicized plan to reward terrorists killed and injured in suicide bombings and other attacks in Israel; knew that the groups to which it provided services were engaged in terrorist activities; and knew that the funds it received as deposits and transmitted to various organizations were to be used for conducting acts of international terrorism". Bank liability standard for business transactions To escape liability, banks usually argue in terrorism financing cases that they've "merely provided routine banking services". The Court rejected that argument by ruling that "Arab Bank ignores that acts which in themselves may be benign, if done for a benign purpose, may be actionable if done with the knowledge that they are supporting unlawful acts . Given plaintiffs' allegations regarding the knowing and intentional nature of the Bank's activities, there is nothing "routine" about the services the Bank is alleged to have provided". The Court here confirmed a previous ruling in Linde v. Arab Bank in 2005 providing that where "the Bank knows that the groups to which it provides services are engaged in terrorist activities" even the provision of basic banking services may qualify as material support". [Non-text portions of this message have been removed] -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: osint@yahoogroups.com Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. OSINT, as a part of The Intelligence Network, is making it available without profit to OSINT YahooGroups members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of intelligence and law enforcement organizations, their activities, methods, techniques, human rights, civil liberties, social justice and other intelligence related issues, for non-profit research and educational purposes only. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/osint/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/osint/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
