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IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001 835
Cite as 349 F.Supp.2d 765 (S.D.N.Y. 2005)

The Burnett Plaintiffs claim that mem-
bers of the Spanish al Qaeda cell used
Arab Bank to make wire transfers. Bur-
nett Complaint ¶ 138 (alleging Arab Bank
is “used regularly by al Qaeda’s Spanish
cell for transfers of cash to members of al
Qaeda operating in Germany, Pakistan, Af-
ghanistan, Lebanon, Yemen, Bosnia, and
elsewhere”); id. ¶¶ 139, 528 (alleging
$6,400 wire transfer through Arab Bank
from member of Spanish al Qaeda cell to
an extremist associated with Chej Salah in
Spain). These Plaintiffs conclude that
“Arab Bank PLC has materially sup-
ported, aided, and abetted and financed al
Qaeda.” Id. ¶ 138.

The Federal and Burnett complaints do
not include any facts to support the infer-
ence that Arab Bank knew or had to know
that it was providing material support to
terrorists by providing financial services to
the charity Defendants or by processing
wire transfers in Spain. The paragraphs
do not allege any involvement by, knowl-
edge of, or participation in any wrongful
conduct by Arab Bank. These Plaintiffs do
not claim that Arab Bank ignored any
regulations regarding their customer ac-
counts. Providing routine banking ser-
vices, without having knowledge of the ter-
rorist activities, cannot subject Arab Bank
to liability. While claiming Arab Bank has
ties with known Hamas fronts, the Federal
complaint does not contain any allegation
of a connection between Hamas and Osa-
ma bin Laden, al Qaeda, or the September
11 attacks. A complaint alleging conclu-
sions without supporting facts will not sur-
vive a Rule 12(b)(6) motion. In re Cross
Media Mktg. Corp. Sec. Litig., 314
F.Supp.2d 256, 261 (S.D.N.Y.2004). The
Federal Plaintiffs asked for leave to amend
their complaint with respect to Arab Bank,
but they have not offered any facts to
support an amendment. Therefore, Arab
Bank’s motions to dismiss the Federal and

Burnett complaints are granted in their
entirety.

4. Al Baraka Investment & Develop-
ment Corporation and Saleh Ab-
dullah Kamel

[98] The Ashton and Burnett com-
plaints detail nearly identical claims
against Al Baraka Investment & Develop-
ment Corp. (“Al Baraka”) and Saleh Ab-
dullah Kamel. Ashton Complaint ¶¶ 583–
601; Burnett Complaint ¶¶ 47–66. Saleh
Abdullah Kamel was born in Saudi Arabia
in 1941 and founded Dallah Albaraka
Group LLC in 1969. Ashton Complaint
¶ 587; Burnett Complaint ¶ 51. Dallah Al-
baraka is a diversified conglomerate based
in Jeddah and includes twenty-three banks
in Arab and Islamic countries. Ashton
Complaint ¶ 588; Burnett Complaint ¶ 52.
Dallah Albaraka is a shareholder of Aqsa
Islamic Bank, a bank that Israel has re-
fused to approve, “citing its obvious ties
with known terrorists.” Ashton Complaint
¶¶ 596, 597; Burnett Complaint ¶¶ 60, 61.
One of Dallah Albaraka’s subsidiaries is
Dallah Avco Trans–Arabia Co., based in
Jeddah. Ashton Complaint ¶ 589; Burnett
Complaint ¶ 53. Omar al Bayoumi, a sus-
pect wanted by the FBI in connection with
the September 11 attacks, was the Assis-
tant to the Director of Finance for Dallah
Avco and paid rent in San Diego for the
house occupied by two September 11 hi-
jackers of American Airlines Flight 77.
Ashton Complaint ¶¶ 590, 592; Burnett
Complaint ¶¶ 55, 54. Mr. Kamel is also
one of three founders of Defendant Al
Shamal Islamic Bank. Ashton Complaint
¶ 594; Burnett Complaint ¶ 58.

Dallah Albaraka’s financial arm is Al
Baraka Investment & Development Corp.,
a wholly owned subsidiary based in Jed-
dah. Ashton Complaint ¶ 593; Burnett
Complaint ¶ 57. Al Baraka is a holding
company with 43 subsidiaries, which are

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