web analytics
August 21, 2014 / 25 Av, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
News & Views
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Israeli Rocket Attack Victims Win Bank of China Terror Suit

The families of twenty Israeli terror victims have won a monumental decision in the New York State Appellate Division (1st Dept.) in their case against the Bank of China (BOC). The Appellate Court affirmed that the civil action brought in 2008 by the Israeli victims of Palestinian rocket attacks and suicide bombings can proceed against the BOC in the United States.

Importantly, the Appellate Division also held that the trial court will apply Israeli law in hearing the case. The defendant had argued that Chinese law should apply as the BOC is headquartered in Beijing. This ruling will allow the non-American plaintiffs in the case to maintain their claims that the BOC was liable for providing financial services to Hamas and the Palestine Islamic Jihad (PIJ) terror organizations. Applying Israeli law, which differs from the Chinese law, would make it easier for the plaintiffs to prove that BOC officials had illegally violated banking regulations and US criminal statutes by carrying out money transfers for the terror organizations.

As the Court held: “We find that there is nothing repugnant to New York public policy in holding that Israeli law applies to this action. We also find that the complaint has sufficiently alleged negligence under Israeli law . . . Although a straightforward reading of the Israeli enactments would lead to the conclusion that they concern conduct that is broader in scope than most of what BOC is alleged to have done, the record contains opinions written by experts in Israeli law; plaintiffs’ expert explains that BOC’s alleged transmission of funds is sufficient to bring it under the enactment forbidding the “giving” or “payment” of funds to terrorist groups.”

The plaintiffs, are represented by New York attorney Robert Tolchin and Israeli attorney Nitsana Darshan-Leitner.

The civil action brought on behalf of the victims and family members of victims of terror attacks perpetrated between 2004 and 2007 in Israel alleges that starting in 2003, the BOC executed dozens of wire transfers for the Hamas and PIJ totaling several million dollars. These dollar transfers were initiated by the PIJ and Hamas leadership in Iran and Syria, were processed through BOC’s branches in the United States and were sent on to a BOC account in Beijing administered by a senior operative of the Hamas and PIJ. From there, the funds were transferred to Hamas and PIJ leaders in the Gaza Strip and West Bank and used to carry out terrorist attacks. The families are seeking both compensatory and punitive damages.

According to the plaintiffs’ complaint, in April 2005, Israeli counter terrorism officers met with officials from the Chinese Ministry of Public Security and China’s Central Bank regarding these Hamas and PIJ wire transfers. The Israelis demanded that the Chinese officials take action to prevent BOC from making any further such transfers. Despite the Israeli warnings, the BOC – with the Chinese government’s approval – continued to wire terrorist funds for the Hamas and PIJ. The suit was brought against the BOC on behalf of the Israeli victims, alleging that the BOC had knowingly transferred funds for the Palestinian terror organizations.

Plaintiffs include the families of Emi Elmaliah, Israel Zamalloa and Michael Saadon, who were murdered on January 27, 2007 in a suicide bombing in a bakery in Eilat. The attack was carried out by a PIJ bomber from Gaza.

The Court’s ruling means that the families of the victims of the Hamas and PIJ rocket attacks can now proceed to the discovery and trial stages.

According to Nitsana Darshan-Leitner: “This is another obstacle we overcame in our journey to get justice for the terror victims. The court decision to apply Israeli law allows the terror victims to receive their day in court and to prove their allegations against the Bank of China. This decision joins previous decisions of the New York courts that ruled, that banks around the world will not be able to get away without pay in cases they were involved with terror financing That in the end of the day they will have to pay for their wrong doing and compensate the terror victims.”

About the Author: JewishPress.com brings you the latest in Jewish news from around the world. Stay up to date by following up on Facebook and Twitter. Do you have something noteworthy to report? Submit your news story to us here.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

7 Responses to “Israeli Rocket Attack Victims Win Bank of China Terror Suit”

  1. Makes no sense when Obama gets away with these same tactics

  2. Rina Gray says:

    The victims of Obama should sue him, it's have nothing to do with Israel victims.

  3. Yechiel Baum says:

    all banks harboring terrorists funds should be held liable as accomplices.

  4. benakiva37 says:

    To Sonny Meadors: What do you mean by “Obama gets away with these same tactics”?

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
US President Barack Obama speaking on the phone last month aboard Air Force One.
US Reveals Failed Summer Mission to Rescue Captured Journalist
Latest News Stories
US President Barack Obama speaking on the phone last month aboard Air Force One.

There was a failed secret US mission earlier this summer to rescue American hostages in Syria.

Islamic State terrorists start out young.

The Islamic State is getting a lot of bad publicity lately, which actually proves how successful they are.

James Foley and his Islamic State executioner.

Islamic terror coming soon to your favorite neighborhood street theater.

Netanyahu, Ya’alon and Gantz’s comments: War until there is total quiet and everyone can sleep at night.

The ZIM ship was quickly and efficiently unloaded – despite the best efforts by the Jihadi supporters to block it.

11:06pm Sapir, Ashdod, Ashkelon, Sderot, Gaza border, Ashkelon, Ashkelon, Ashkelon 10:17pm Kerem Shalom 9:04pm Ashkelon Coast 8:49pm Eshkol 8:12pm Eshkol 7:47pm Eshkol 7:44pm A Hamas spokesperson has warned airlines to not fly into Ben-Gurion starting 6am tomorrow (Thursday), according to a YNet report. It’s actually things like that that makes Israel hit Hamas even harder. 7:35pm Kerem […]

Don’t you feel just a tad jealous of Egypt right now?

Israel’s Security Cabinet is meeting in a marathon session to decide the next step in Operation Protective Edge.

More than 1,550 individuals have immigrated to Israel from Ukraine in the first five months of 2014 alone, more than double the 693 who arrived in the corresponding period last year.

Signs that Islamic State (ISIS – Islamic State in Iraq and Syria) terrorists have arrived in Egypt have appeared in the Sinai Peninsula.

Shlomy Zachary, an Israeli human rights lawyer, noted that Israeli cooperation with previous UN investigations has helped mitigate criticism of Israel – for example, in a 2010 UN investigation of the so-called flotilla incident.

Israelis may have to blame Qatar for the current round of lethal rocket fire, if a report published in Arab media is true.

So imagine, you’re working in the field harvesting cucumbers (or whatever is in season right now) and suddenly the siren goes off – Hamas is shooting rockets at you.

More Articles from Jewish Press News Briefs
Ben Gurion Airport

11:06pm Sapir, Ashdod, Ashkelon, Sderot, Gaza border, Ashkelon, Ashkelon, Ashkelon 10:17pm Kerem Shalom 9:04pm Ashkelon Coast 8:49pm Eshkol 8:12pm Eshkol 7:47pm Eshkol 7:44pm A Hamas spokesperson has warned airlines to not fly into Ben-Gurion starting 6am tomorrow (Thursday), according to a YNet report. It’s actually things like that that makes Israel hit Hamas even harder. 7:35pm Kerem […]

Egyptian president Abdel Fattah El-Sisi, former Field Marshal and Minister of Defense

Don’t you feel just a tad jealous of Egypt right now?

PRESS [F5] to refresh this page: 1:38am IDF Homefront Command directs Haifa and Carmel regions to also open public bomb shelters. Nahariya (Northern Israel) opened their public shelters as well, as per their mayor’s request, not the IDF.. 1:29am Ashkelon, Ashkelon Coast, Yad Mordechai, Zikim… (multiples all) 12:47am Reports that IDF has been targeting over […]

The body of a 21-year-old Ohio native serving as a lone soldier in the IDF was found on Tuesday, two days after he was reported missing, military spokesmen announced. Corporal David Menachem Gordon of the Givati Brigade was found with his personal Tabor rifle beside him. He had last been at the Tzrifin army base […]

The U.S. State Department has declared the Mujahedeen Shura Council in the Environs of Jerusalem (MSC) a foreign terror group.

Hezbollah has lowered the minimum age to join the terrorist organization from 18 to 16.

Israel officials say a report that Gaza terrorists fired a Grad missile at the Eshkol Regional Council district was a ‘false alarm.’

3 rockets landed near Be’er Sheva.

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/news/breaking-news/israeli-rocket-attack-victims-win-bank-of-china-terror-suit/2013/09/18/

Scan this QR code to visit this page online: