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In re: TERRORIST ATTACKS ON SEPTEMBER 11, 2001., 2012 WL 257568 (2012)

[was] to provide financial support and material assistance to international terrorist organizations including al Qaeda.” JA821.
This support is alleged to have begun in 1982, when both Kamel and Dallah al Baraka “direct[ed] tens of millions of dollars
in funds to at least 20 non-governmental organizations, including Osama bin Laden’s Mekhtab al Khidmat, the predecessor to
al Qaeda ....” JA3162. Dallah al Baraka is also alleged to have “knowingly and intentionally lent material support to Al
Qaeda through, inter alia, the use of interstate and international faxes, telephones, wire transfers and transmissions, and
mailings.” JA1782, 3116. Additionally, Dallah al Baraka is alleged to have “knowingly and intentionally ... maintained and
serviced bank accounts held by ... Al-Haramain whose funds were earmarked and transferred to Al Qaeda.” JA1783. Dallah
al Baraka also is alleged to have “provided material support for terrorism,” by “consistently and constantly launder[ing] *85
money” and “engag[ing] in illegal transactions in monetary instruments.” R.1233, p. 3. Both Kamel and Dallah al Baraka are
additionally alleged to have “continue[d] to maintain joint investments, shares, finances, and correspondent bank accounts
with [Al Shamal Islamic Bank] even after it was widely known that the bank was materially supporting international
terrorism and that Osama bin Laden was a major investor in the bank.” JA3128.

Plaintiffs further allege that beginning in 1983, Dallah al Baraka “facilitated jihad operations in the world [by] providing
Osama bin Laden with financial infrastructures in Sudan ....” R.1233, Ex. A, p. 7. Dallah al Baraka also is alleged to have
entered into “joint ‘symbiotic business’ investments” with “al Qaeda[’s] network of front companies, farms and factories in
Sudan.” JA3135-36. And Kamel and Dallah al Baraka are alleged to have provided material support to the Spanish al-Qaeda
cell, which directly funded the September 11, 2001, attacks, by permitting their use of an Al Baraka Bank Finance House in
Turkey to transfer money to Osama bin Laden’s courier in Europe, Mohamed Bahaiah. JA3148.

In addition, plaintiffs’ complaints allege that Dallah al Baraka’s wholly-owned subsidiary and financial arm, Al Baraka
Investment and *86 Development Company (“ABID Corp.”), often acting through subsidiaries over which ABID Corp.
“exercised control and direction,” “has knowingly maintained accounts” for al-Qaeda front charities, including IIRO, MWL,
WAMY, BIF, and al Haramain. JA1782, 3832; R.1233, Ex. A, p.6. ABID Corp. “has long known that the[se] accounts ...
were used to solicit and transfer funds to terrorist organizations, including al Qaida.” JA3832. ABID has also “facilitate[d] al
Qaida’s fundraising efforts by “advertis[ing] the existence and numerical designations of the accounts it maintains for th[e]se
charities throughout the Muslim world, and provid[ing] a mechanism to allow al Qaida’s supporters to deposit funds directly
into those accounts.” JA3832. These actions were done “[i]n cooperation” with the charities in question. JA3832. Plaintiffs’
complaints also allege that Kamel and ABID Corp. engaged in a scheme to purchase and export sesame products with
businesses they “knew or should have known” were “owned and operated by Osama bin Laden.” JA3137.

(d) Dar-Al-Maal Al Islami (“DMI”) Trust

The complaints allege that as one of the central banking entities used by Saudi Arabia beginning in the early 1980s to
“channel[l massive financial support for the spread of ... the radical brand of Islam at the heart *87 of the al Qaida ideology,”
DMI Trust “directly and through its subsidiaries and affiliates, knowingly provided material support and resources to al
Qaeda and/or affiliated individuals and entities.” JA3833, 4331. One such company is DMI Trust’s wholly owned and
directly controlled subsidiary, DMI Administrative Services S.A. (“DMI S.A.”), which “puts into action the investments,
strategies, distributions, and policies of the DMI Trust through direct assistance to al Qaeda.” JA4985; Companion Brief at
Point I.B.2.(b)(iii).

Such support is alleged to have taken the form of “laundering money for al Qaeda, knowingly and intentionally providing
financial services to al Qaeda (including maintaining and servicing al Qaeda bank accounts and accounts used to fund and
support al Qaeda), and/or facilitating weapons and military equipment purchases and money transfers for al Qaeda.” JA2569,
4986-87. DMI Trust is alleged to have utilized its “zakat [and haram] accounts ... to support al Qaeda ... [and] transferred
money for Al Haramain.” JA2569-70, 2594-95. Plaintiffs additionally allege that “DMI [Trust] and its affiliated and
subsidiary companies have known that many of the ostensible charities to which they channeled Zakat and Haraam funds
were, in fact, fronts for al Qaeda [, including IIRO and MWL].” *88 JA4337. “Despite the actual knowledge that money
contributed to these charities was being used to support terrorist activities, DMI and its affiliates and subsidiaries continued
to send funds to these charities in the form of Zakat and Haraam contributions on their own behalf and on behalf of their
investors, depositors and account holders.” JA4338.

Pleadings allege not only that DMI Trust acted through its wholly owned companies, but that those companies have
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