Terrorism

• Author: International Law Group

In 1996, Palestinian militants shot and killed David Boim, a 17- year-old dual citizen of Israel and the U.S., while he was walking to a bus stop in the West Bank. Someone identified his attackers as Amjad Hinawi and Tawfiq Al-Sharif, both members of the military wing of Hamas. Pursuant to 8 U.S.C. Section 1189, the U.S. government had listed Hamas in 1997 as a "terrorist organization."

The statute defines "terrorist activity" to include assassinating any person by firearm as well as conspiring to do so. The statute also comprises giving "material support" to anyone who intends, or is known, to carry out terrorist attacks, such as by furnishing funds, weapons, or training.

Plaintiffs Joyce and Stanley Boim, the victim's parents, sued the Quranic Literacy Institute ("QLI") and the Holy Land Foundation for Relief and Development ("HLF"), alleging that these organizations are the main U.S. fronts for Hamas. HLF's director has previously admitted giving money to Hamas. Moreover, QLI employed an individual named Mohammed Abdul Hamid Khalil Salah. The FBI has seized $1.4 million in cash and assets from Salah based on his admission that he is the U.S.-based leader of Hamas' military wing.

Thus, both organizations have had ties to Salah and other members of Hamas.

The Boims brought their suit pursuant to 18 U.S.C. Section 2333 (U.S. nationals injured by act of international terrorism may sue in district court and recover treble damages), and asserted that the defendants had aided and abetted the killers by giving material support to Hamas. Damages included compensation for emotional and mental distress, for depriving society of their son's talents and person, for the physical pain David suffered before his death, for legal fees, and for the cost of David's funeral. They sought $100,000,000 in compensatory damages and $100,000,000 as punitive damages.

Plaintiffs allege that QLI, HLF and similar associations disguise their true nature behind ostensibly charitable missions. According to the Boims, ALI and ALF raise money from both knowledgeable and oblivious American contributors. These organizations then launder the money in a variety of ways, e.g., through real estate deals and Swiss bank accounts, before they wire it overseas. Hamas operatives in Gaza and the West Bank then use the money to finance terrorist activities. For example, Hamas regularly drew from this pool of laundered funds to pay for weapons, training, personnel, transportation, and...