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US charity found liable for Hamas attack
By HILARY LEILA KRIEGER
CHICAGO
A federal judge found two US-based Islamic charitable organizations and an individual fundraiser liable for the 1996 killing of an American in Israel by Hamas terrorists in a landmark decision handed down on Wednesday.
The ruling is the first to hold American organizations responsible for damages for terrorist acts committed overseas and opens a new window for the use of civil suits to stop the flow of funds to terrorist organization, according to lawyers representing the plaintiffs, the parents of David Boim.
Boim, a 17-year-old yeshiva student, was fatally shot while waiting at a Beit El bus stop in May 1996 in an attack claimed by Hamas. He was originally from New York and immigrated to Israel with his parents Stanley and Joyce in 1985.
The case was brought in Chicago because that's where the Islamic Association for Palestine (IAP), charged with securing funds for Hamas, is based, and it is the home of the one individual the suit names as a Hamas fundraiser, Mohammed Salah.
In addition to finding IAP and Salah liable, the court also ruled against the Texas-base Holy Land Foundation (HLF) for funneling money to Hamas.
The Boims are expected to seek more than $15 million in damages, which will be adjudicated after a December 1 trial. Lawyers for the defendants have promised to appeal the decision after the trial's conclusion.
In his 107-page opinion, US Magistrate Judge Arlander Keys said that the defendants clearly knew that the charitable funds they sent to Palestinian groups in the West Bank were headed to Hamas and that the organization was involved in terrorism, accepting evidence provided by the plaintiffs.
He also stressed that the Boims didn't have to prove that the defendants had direct knowledge of the attack on their son to be found liable of "aiding and abetting" attacks. Keys granted the motions for summary judgment, preempting a full trial, because he felt the evidence was so overwhelming that any jury would find for the Boims.
In the case of Salah, for instance, he wrote, "A reasonable jury could reach but one conclusion: Mr. Salah knew about Hamas' illegal activities, he wanted those activities to succeed, and he engaged in numerous acts to help ensure that they did."
The suit was brought based on a 1990 anti-terrorism law allowing American citizens to sue for damages sustained in terror attacks abroad.
"This was certainly the best-case scenario for us on our motions," said Rick Hoffman, a Chicago-based lawyer representing the Boims. He added that his clients want "to prevent other families from going through the pain they have, and one way is to stop the flow of money from here to Hamas. That's been our primary goal and I think we've gone a long way toward making that happen."
But Brendan Shiller, an IAP lawyer, vigorously denied that his clients had supported Hamas or donated money to the group.
Shiller claimed there was only disputed evidence that the HLF had given money to Hamas or that IAP had given money to HLF in the first place. He called the decision "bad law," and compared the legal standard set to a scenario in which a Catholic church which donated space to the Sinn Fein for a lecture by someone with Irish Republican Army links could be held liable for all IRA murders.
"That theory of liability is just untenable and opens the door to ridiculous numbers of suits, and that doesn't accomplish anything," Shiller said.
"Here the post 9/11 atmosphere has made it nearly impossible for certain types of people to get objective, fair hearings in court," he added, referring to Muslims.
In contrast, attorney Minda Block, domestic affairs associate for Chicago's Jewish Community Relations Council, hailed the decision in part because it shows that "organizations can't get away with funding terror activities no matter how hard they try to cover it up."
She said she hoped the decision will allow moderate Muslim "to take center stage" in place of extremist groups that have been put out of business.
The liability of a fourth defendant, the Koranic Literacy Institute, will be assessed at the December trial.
Salah, indicted in Chicago this August on criminal charges of financing terrorism, also faces further judicial action. HLF's funds were frozen following the September 11 attacks.
Slow, but a good job by the Federal Judiciary.
US charity found liable for Hamas attack
By HILARY LEILA KRIEGER
CHICAGO
A federal judge found two US-based Islamic charitable organizations and an individual fundraiser liable for the 1996 killing of an American in Israel by Hamas terrorists in a landmark decision handed down on Wednesday.
The ruling is the first to hold American organizations responsible for damages for terrorist acts committed overseas and opens a new window for the use of civil suits to stop the flow of funds to terrorist organization, according to lawyers representing the plaintiffs, the parents of David Boim.
Boim, a 17-year-old yeshiva student, was fatally shot while waiting at a Beit El bus stop in May 1996 in an attack claimed by Hamas. He was originally from New York and immigrated to Israel with his parents Stanley and Joyce in 1985.
The case was brought in Chicago because that's where the Islamic Association for Palestine (IAP), charged with securing funds for Hamas, is based, and it is the home of the one individual the suit names as a Hamas fundraiser, Mohammed Salah.
In addition to finding IAP and Salah liable, the court also ruled against the Texas-base Holy Land Foundation (HLF) for funneling money to Hamas.
The Boims are expected to seek more than $15 million in damages, which will be adjudicated after a December 1 trial. Lawyers for the defendants have promised to appeal the decision after the trial's conclusion.
In his 107-page opinion, US Magistrate Judge Arlander Keys said that the defendants clearly knew that the charitable funds they sent to Palestinian groups in the West Bank were headed to Hamas and that the organization was involved in terrorism, accepting evidence provided by the plaintiffs.
He also stressed that the Boims didn't have to prove that the defendants had direct knowledge of the attack on their son to be found liable of "aiding and abetting" attacks. Keys granted the motions for summary judgment, preempting a full trial, because he felt the evidence was so overwhelming that any jury would find for the Boims.
In the case of Salah, for instance, he wrote, "A reasonable jury could reach but one conclusion: Mr. Salah knew about Hamas' illegal activities, he wanted those activities to succeed, and he engaged in numerous acts to help ensure that they did."
The suit was brought based on a 1990 anti-terrorism law allowing American citizens to sue for damages sustained in terror attacks abroad.
"This was certainly the best-case scenario for us on our motions," said Rick Hoffman, a Chicago-based lawyer representing the Boims. He added that his clients want "to prevent other families from going through the pain they have, and one way is to stop the flow of money from here to Hamas. That's been our primary goal and I think we've gone a long way toward making that happen."
But Brendan Shiller, an IAP lawyer, vigorously denied that his clients had supported Hamas or donated money to the group.
Shiller claimed there was only disputed evidence that the HLF had given money to Hamas or that IAP had given money to HLF in the first place. He called the decision "bad law," and compared the legal standard set to a scenario in which a Catholic church which donated space to the Sinn Fein for a lecture by someone with Irish Republican Army links could be held liable for all IRA murders.
"That theory of liability is just untenable and opens the door to ridiculous numbers of suits, and that doesn't accomplish anything," Shiller said.
"Here the post 9/11 atmosphere has made it nearly impossible for certain types of people to get objective, fair hearings in court," he added, referring to Muslims.
In contrast, attorney Minda Block, domestic affairs associate for Chicago's Jewish Community Relations Council, hailed the decision in part because it shows that "organizations can't get away with funding terror activities no matter how hard they try to cover it up."
She said she hoped the decision will allow moderate Muslim "to take center stage" in place of extremist groups that have been put out of business.
The liability of a fourth defendant, the Koranic Literacy Institute, will be assessed at the December trial.
Salah, indicted in Chicago this August on criminal charges of financing terrorism, also faces further judicial action. HLF's funds were frozen following the September 11 attacks.
Slow, but a good job by the Federal Judiciary.
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