Know More About Palestine



Thursday Sept. 13, 2012 2:50 PM (EST+7)
US judge: Hamas financing case can proceed against Arab Bank


Read more: Arab Bank, law, anti-terrorism, Patriot Act, terrorism, Hamas, financing, funding, material support

NEW YORK, Sept 12 (Jessica Dye/Reuters) - A U.S. man can proceed with a lawsuit seeking to hold Arab Bank liable for providing material support to Palestinian group Hamas, a federal judge ruled on Wednesday.

U.S. District Judge Jack Weinstein in Brooklyn, New York, denied Jordan-based Arab Bank's motion to dismiss the entire 2011 lawsuit filed by Mati Gill, a dual citizen of the United States and Israel who was wounded in 2008 by gunshots fired from Gaza into Israel.

According to the ruling, a speaker purporting to represent Hamas claimed credit for the shooting that injured Gill. Gill is seeking monetary damages from Arab Bank under the U.S. Anti-Terrorism Act, charging that the bank violated the law by providing financial support to Hamas.

Hamas, along with its leaders and affiliates, is designated a foreign terrorist organization by the United States.

Arab Bank denied the claims, saying Gill was caught in the crossfire between two military forces and that he had failed to show Arab Bank's liability for the shooting.

Weinstein dismissed one of Gill's claims, which sought to hold Arab Bank responsible for aiding and abetting Hamas's shooting, finding that the act did not provide for secondary liability.

He said that Arab Bank could be held liable for Gill's remaining claims, which include allegations that the bank conspired with Hamas to commit acts of violence and provided material support to the group.

The case will now proceed with Arab Bank's motion for summary judgment, which is due in the coming weeks. If the case survives that hurdle, it will go to trial on Nov. 19.

In his ruling, Weinstein laid out a number of factors that Gill will have to establish to advance his case. They include proving the bank acted with knowledge that funds it made available to Hamas's political branch had made their way to its military operations; that Hamas used the money to fund the attack; that the bank had been aware that the funds could be used to harm U.S. citizens.

An attorney for Gill, Gary Osen, said he was heartened by Weinstein's ruling, which brings the case one step closer to trial.

If we get through the next few hurdles that have been laid out on the schedule, the judge has indicated that he recognizes the public policy importance and significance of this case, Osen said.

Arab Bank said in a statement the ruling clearly outlined the proof that will be required for the plaintiff to survive a summary judgment motion, which the bank plans to file next month.

The case is one of several filed in federal court in Brooklyn against banks on behalf of U.S. citizens who were harmed or killed in attacks by Hamas-affiliated groups. It could be among the first of those to go to trial.

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


BACKGROUND


POLLS


WAYS TO GET JMCC


CONTACT US


Subscribe

Al-Madaris St. (same building as
MBC and al-Arabiya studios)
First Floor, Al-Bireh
PO Box 4045, Ramallah
PO Box 25047, Jerusalem 97300
Phone: ++972-2-297-6555
Fax: ++972-2-297-6555
Log in to My JMCC
Email
Password
 or Sign Up
Forgot your password?Close
 My JMCC
Front Page
My Comments Photo of the Day
Calendar Hot Spot(for journalists)
Audio of the Day Video of the Day
Most Popular Historical Timeline
Noticeboard Blogs
My Tags Help Desk
  
User Info
First Name
Last Name
Email
My Tags 
I am a
After signing up,you will receive
an automatically
generated password in your
email.
Close
Recover Password
Submit Your Email
 or Sign Up
Close