web analytics
November 26, 2014 / 4 Kislev, 5775
At a Glance
News & Views
Sponsored Post
IDC Herzliya Campus A Day on Campus

To mark IDC Herzliya’s 20th anniversary, we spent a day following Prof. Uriel Reichman, IDC’s founder and president, and Jonathan Davis, VP for External Relations, around its delightful campus.



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
Posted to Twitter in Ferguson, MO by St. Louis County Police: "Bricks thrown at police, 2 police cars burned, gun seized by police. Tonight was disappointing."  Their motto is, "To protect and serve."
Pro-ISIS Group Says ‘Use Ferguson Flames to Fuel Terror in America’
Latest News Stories
Haircut for wigs 2

Young Israeli women arrive at the Malcha Mall in Jerusalem to donate their hair to create wigs for cancer patients at a fundraiser arranged by “Zichron Menachem”, the Israeli Association for the Support of Children with Cancer and their Families (November 24, 2014). All photos by Gershon Elinson/Flash90

Lake Kinneret, also known as the Sea of Galilee, in northern Israel, just south of the Golan Heights.

In Lebanon, a pro-Hezbollah vocalist has been arrested for nationalist and sectarian incitement.

Crowd outside Har Nof synagogue on morning of terror attack.

Thousands attended a Jerusalem memorial service to mark the end of seven days’ mourning for five terror victims.

Vive la France

The European Parliament decided Tuesday to postpone till December its decision on recognizing ‘Palestine’ as a new country.

An ISIS-linked group calls for lone wolf attackers to use the Ferguson riots in America as cover for their activities.

Originally the police claimed it was a fight between Arabs and Jews, and not a terror attack.

MK Tzipi Hotovely (Likud) will be receiving additional security protection.

It’s not yet clear if the attackers thought they were hitting a Jewish vehicle, or if the passengers were holding the firebomb.

A major rainstorm is expected to hit Israel overnight. Batten down the hatches

The documents, some of which were also found in a deserted apartment in Jerusalem, reportedly had belonged to a member of the prosecution team.

Only 49 US States have a Chabad House. Is this holding back the Moshiach?

All of the hit-and-run attacks were “accidents,” and no mention was made of the massacre in Har Nof.

The Netherlands will not recognize Palestinian statehood right now because it would not help restart peace talks with Israel, Dutch Foreign Minister Bert Koenders said.

According to his definition, anyone who wants to pray on the Temple Mount is a “right-wing extremist.”

But doesn’t “democracy” mean rights for everyone?

Among the song’s lyrics, depicting an Arab: “I will send a Jew or two to Hell…. I am just an ungrateful piece of scum.

More Articles from Jewish Press News Briefs
View of the Old City Walls from Yemin Moshe

Originally the police claimed it was a fight between Arabs and Jews, and not a terror attack.

MK Tzipi Hotovely (Likud) will be receiving additional security protection.

A major rainstorm is expected to hit Israel overnight. Batten down the hatches

Bystanders caught on video the police arresting one of the suspects in the Old City stabbing.

Glick said, the Arabs who are sanctifying Al Aqsa and Islam are those Arabs who are saving lives, like those on the hospital staff who treated him.

The doctors completed their surgery and accomplished what they set out to repair.

Former Washington DC Mayor Marion Barry died early Sunday at age 78.

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: