Terrorist-Financing Suit against Arab Bank Dismissed

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published November 07, 2012

By Author - LawCrossing

11/07/12

Terrorist-financing suit against arab bank dismissed
On Tuesday, a federal judge dismissed a lawsuit by a U.S. citizen wounded in the Middle East seeking damages and holding Arab Bank liable for his injuries as allegedly it provided support to the Palestinian group Hamas. U.S. District Judge Jack Weinstein held that the plaintiff, Matt Gill had failed to prove that the Arab Bank was responsible for the injuries he had sustained in 2008 during gunfire from Gaza into Israel.

When the attack occurred, Gill was in the service of Israel's public security minister at the time, Avi Dichter. Gill was an aide to Dichter, according to the complaint, when he was wounded by gunshots fired by a sniper. Gill said in court papers that an individual claiming to be from Hamas, which has governed Gaza since 2007, had claimed responsibility for the gunfire on a Hamas-run website.

Gill is a dual U.S.-Israeli citizen, and he sued Jordan-based Arab Bank in 2011, claiming that the bank provided material support to Hamas and coordinated payments to families of Hamas group members. Gill sought damages under the U.S. Anti-Terrorism Act, under which victims of attacks by U.S.-designated foreign terrorist organizations may seek compensation. The U.S. State Department has declared Hamas as a foreign terrorist organization in 1997.

United States
While dismissing the complaint, judge Weinstein wrote, “Moral blame should only follow if the harm caused by providing bank services to terrorists is foreseeable … Hamas is not the defendant; the bank is … and the evidence does not prove that the bank acted with an improper state of mind or proximately caused plaintiff's injury.”

A lawyer for Gill said that he intended to appeal. Bob Chlopak, a spokesman for Arab Bank said in a statement, “This is the first Arab Bank case where the court has evaluated the entire record, and it dismissed the case concluding that the bank was not responsible for the plaintiff's injuries.”

The case is Gill v. Arab Bank, U.S. District Court for the Eastern District of New York, No. 11-3706.
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