Anti-Terror Powerhouse Shurat Hadin Targets Inmarsat PLC's Aiding of Iran in Defiance of United States Treasury
Anti-Terror Powerhouse Shurat Hadin Targets Inmarsat PLC's Aiding of Iran in
Defiance of United States Treasury
PR Newswire
NEW YORK, July 25, 2012
NEW YORK, July 25, 2012 /PRNewswire-USNewswire/ -- Shurat HaDin - Israel Law
Center, the organization that built its reputation on hard-fought legal
battles and victories against terror sponsors, today sent a letter to
worldwide mobile satellite company Inmarsat PLC, warning it against providing
prohibited guidance services to Iranian oil tankers and Iranian military
vessels. The warning letter stressed that Inmarsat's actions would expose the
telecommunications giant to criminal prosecution and civil liability from
Americans and others who suffer as a result of Iran's international
sponsorship of terrorism.
In 2008, the United States Supreme Court ruling made the determination that
individuals or companies that materially support terrorist organizations are
liable for the murder and injuries they cause, according to Boim v. Holy Land
Foundation. Fueled by this variety of tenacious judicial support, the Center
submitted a letter [see below] alerting Inmarsat's leadership that its actions
are illegal and serve as a civil liability to American citizens and to all
those across the globe who experience the brunt of Iran's sponsorship of
terror. On July 12, 2012 the US Treasury announced further restrictions on US
and non-US citizens prohibiting dealing with Iranian oil and ships. Despite
this, Inmarsat, with offices in Miami and Washington D.C., continues to
provide mobile satellite services to Iranian ships.
Shurat HaDin founder, and human rights activist, Nitsana Darshan-Leitner said,
"We will not tolerate Inmarsat's – or any corporation's – profiting from the
blood of innocent people. Anything short of immediate and decisive action on
our part would be akin to acceptance. It is a simple issue of justice:
Inmarsat must uphold its legal obligations in compliance with US Treasury
regulations and immediately cease its support for Iran."
This action represents the latest example of the Law Center's harnessing of
American and international law to knock down the financial and technological
buttresses of terrorism.
In June 2011, Shurat HaDin brought legal action against Inmarsat for
continuing to support ships seeking to breach Israel's naval blockade of Gaza.
Shurat HaDin underlined that Inmarsat's services provided communications to
the Mavi Marmara and other ships that participated in the Gaza flotilla of May
2010. The case was filed in a Federal Court in Miami.
The warning letter additionally noted that previous judgments allowed victims
of terrorism to file suit against an oil and gas company, as well as against
its officers, for engaging in business with a state sponsor of terrorism.
Additionally, Darshan-Leitner stressed that by providing aid to Iran, Inmarsat
subjects itself to forfeiture of its assets to judgment creditors who hold
unenforced judgments against the Islamic regime.
Shurat HaDin also states its intention to pursue the company, its officers and
directors for providing aid to terrorists. The stakes could not be higher.
When taking on cases such as these, the Law Center exposes companies to
forfeitures of assets and severe financial penalties.
The Letter And Facts Sheets About Shurat Hadin And Inmarsat Are Found Below
About Shurat HaDin
Shurat HaDin—Israel Law Center is an Israeli based civil rights organization
and world leader in combating the terrorist organizations and the regimes that
support them through lawsuits litigated in courtrooms around the world.
Fighting for the rights of hundreds of terror victims, Shurat HaDin seeks to
bankrupt the terror groups and grind their criminal activities to a halt - one
lawsuit at a time. Established in 2003 and based in Tel-Aviv, Shurat HaDin
works together with western intelligence agencies and volunteer lawyers around
the world to file legal actions on behalf of victims of terror.
July 25, 2012
Andrew Sukawaty – Executive Chairman
Rupert Pearce, Esq. – Director and Chief Executive Officer
Rick Medlock – Executive Director and Chief Financial Officer
John Rennocks – Deputy Chairman
Alison Horrocks – Director, Senior Vice President and Secretary
Sir Bryan Carsberg – Director
Stephen Davidson – Director
Admiral James Ellis Jr (Rtd) – Director
Kathleen Flaherty – Director
Janice Obuchowski – Director
Inmarsat Inmarsat
99 City Road 1101 Connecticut Avenue, NW
London EC1Y 1AX Suite 1200
United Kingdom Washington DC 20036
Via Fax: 44 (0)20 7728 1142 Via Fax: 202 248 5177
Re: Criminal and Civil Liability of Inrmarsat and its Officers and
Directors Relating to Vessels Owned by, Operated by, or
Dedicated to the Aid of The Islamic Republic of Iran
Dear Sir or Madam:
Shurat HaDin—Israel Law Center, an Israeli organization dedicated to enforcing
basic human rights through the legal system, represents victims of terrorism
in courtrooms around the world. Among our clients are current judgment
creditors of the Islamic Republic of Iran.
It has come to our attention that Inmarsat* is providing satellite services to
oil tankers and other vessels that are owned by, controlled by, or dedicated
to the aid of Iran. On July 12, 2012 the United States Treasury further
updated its lists of designated companies, individuals and property that
American and non-American citizens are prohibited from engaging with. Many of
the vessels listed by the Treasury are being provided satellite services by
Inmarsat. (See
http://www.treasury.gov/press-center/press-releases/Pages/tg1634.aspx,
http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20120712.aspx#vessels
).
Please be advised that providing aid to Iran is illegal and will expose
Inmarsat and its officers and directors to criminal prosecution and civil
liability to American citizens and others who suffer as a result of Iran's
international sponsorship of terrorism. (See Abecassis v. Wyatt, 785 F.Supp.2d
614 (S.D. Tex. 2011) (allowing a suit to go forward against an oil and gas
company and its officers and directors for engaging in business with a
terrorist state.)) Additionally, by providing aid to Iran, Inmarsat subjects
itself to forfeiture of its assets to judgment creditors who hold unenforced
judgments against Iran. (See 28 U.S.C. § 1610 note and 28 U.S.C. § 1610(g)
(permitting judgment creditors to execute judgments against the property of
terrorist states); 31 C.F.R. §§ 535.311, 535.312 (defining "property" to
include any "property, real, personal, or mixed, tangible or intangible, or
interest or interests therein, present, future or contingent" and defining
"interest," as used in this sentence, to mean "an interest of any nature
whatsoever, direct or indirect."))
Since January 19, 1984, Iran has been and continues to be designated by the
United States, pursuant to Section 6(j) of the Export Administration Act,
Section 40 of the Arms Export Control Act, and Section 620A of the Foreign
Assistance Act, as a State Sponsor of Terrorism. As a result of that
designation, it is subject to numerous restrictions and sanctions under United
States law and subjects those organizations that do business with it to
numerous restrictions. According to the U.S. State Department, Iran is the
world's "most active state sponsor of terrorism." Further, "Iran's financial,
material, and logistic support for terrorist and militant groups throughout
the Middle East and Central Asia had a direct impact on international efforts
to promote peace, threatened economic stability in the Gulf, and undermined
the growth of democracy…. Iran [remains] the principal supporter of groups
implacably opposed to the Middle East Peace Process."
Moreover, the international economic sanctions regime imposed against Iran
along with the regulations enacted by the United States Treasury and the
European Union are intended to deter the Iranian government from advancing its
nuclear weapons program in violation of international law.
By materially supporting Iran's oil industry, Inmarsat facilitates Iran's
terrorist activities and nuclear weapons program. To the extent that
Inmarsat's satellite support is utilized by Iran's military agencies, Inmarsat
is a direct participator in Iran's terrorist activities and nuclear weapons
program.
Provision of communications services constitutes the provision of "material
support or resources" pursuant to 18 U.S.C. § 2339A. Such provision therefore
subjects Inmarsat to criminal liability pursuant to 18 U.S.C. §§ 2339A, 2339B,
2339C and to civil liability pursuant to 18 U.S.C. § 2333 (see Boim v. Holy
Land Foundation, 549 F.3d 685, 690-91 (7th Cir. 2008) (en banc)). The United
States Supreme Court has ruled that material support liability exists without
regard to the criminal or terror-inducing intent of the material supporter.
Indeed, gifts to the purely charitable objectives of a terrorist state or
organization are actionable because, in the words of
the Court,
Money is fungible, and when foreign terrorist organizations that have a dual
structure raise funds, they highlight the civilian and humanitarian ends to
which such moneys could be put. But there is reason to believe that foreign
terrorist organizations do not maintain legitimate financial firewalls
between those funds raised for civil, nonviolent activities, and those
ultimately used to support violent, terrorist operations. Thus, funds raised
ostensibly for charitable purposes have in the past been redirected by some
terrorist groups to fund the purchase of arms and explosives.
Holder v. Humanitarian Law Project
, ___ U.S. ___, 130 S. Ct. 2705, 2720, 2729 (2010). (Internal citations and
quotation marks omitted). The analysis in Holder is no less accurate (or
binding) when applied to the business activities of a sophisticated sovereign
entity that orchestrates terrorist operations globally. (A copy of Holder is
attached to this letter for your review.)
Moreover, 31 C.F.R. § 535.201, et seq., prohibits all parties (including
non-Americans) from transporting, selling, transferring, exporting, or dealing
with any property (including oil) that Iran has any interest of any nature
whatsoever. The regulations freeze all such property within the United States
and expressly prohibit any action designed to evade the regulations. Violators
are subject to a civil penalty not to exceed the greater of $250,000 or an
amount that is twice the amount of the transaction that is the basis of the
violation and a criminal penalty not to exceed $1,000,000, twenty years in
prison, or both. 31 C.F.R. § 535.701. While Inmarsat might not operate the
vessels that carry Iranian property, Inmarsat's services enable those vessels
to operate and is thus the proximate cause, acting pursuant to contract, of
the illegal actions of another.
That Iran pretends that its vessels are owned by another sovereign is not
sufficient to avoid liability under the above sections. Nor is it sufficient
if Iran has actually effected legal transfer of its vessels (or reflagging) if
Iran retains effective control over the vessels or if the vessels are
primarily or materially dedicated to the support of Iran.
In light of the above, we request that you immediately provide us written
confirmation that Inmarsat has permanently discontinued the provision of all
services, including satellite and communications services, to Iran, all of its
vessels, all vessels effectively controlled by Iran, and all vessels primarily
or materially dedicated to servicing, aiding, or trading on behalf of Iran.
Absent such immediate confirmation, we will seek all available relief and
remedies against Inmarsat in all relevant jurisdictions.
Very truly yours,
Nitsana Darshan-Leitner, Esq., Director
Shurat HaDin – Israel Law Center
* All references in this letter to "Inmarsat" include Inmarsat PLC and
Inmarsat Inc., as well as all subsidiaries thereof and all entities affiliate
therewith. Where appropriate, it also includes Inmarsat's officers and
directors.
Shurat HaDin—Israel Law Center is an Israeli based civil rights organization
and world leader in combating terrorist organizations and the regimes that
support them through lawsuits litigated in courtrooms around the world.
Fighting for the rights of hundreds of terror victims, Shurat HaDin seeks to
bankrupt the terror groups and grind their criminal activities to a halt - one
lawsuit at a time.
Beginning in the 1990s, Western countries, especially the United States,
passed laws making it possible for victims of terror to sue the regimes that
sponsor terror, banks that transfer funds to terror groups, front
organizations that portray themselves as serving charitable causes, and even
the terrorists themselves.
Established in 2003 and based in Tel-Aviv, Shurat HaDin works together with
western intelligence agencies and volunteer lawyers around the world to file
legal actions on behalf of victims of terror.
Following the model pioneered by the Alabama-based Southern Poverty Law
Center—a non-profit legal center that over the last four decades has
successfully confronted and shut down racist groups across America—Shurat
HaDin seeks to bring terrorism to a halt through legal action.
Shurat HaDin represents hundreds of victims in cases against Hamas, Islamic
Jihad, Hezbollah, the Palestinian Authority, Iran, Syria, North Korea, and
numerous financial institutions such as UBS AG, the Lebanese-Canadian Bank,
American Express Bank, and the Bank of China. The main goals:
o Stop the flow of terror money through massive civil suits and other legal
action;
o Defend the victims of terror and their families, by representing them in
court, seeking disbursement of funds and implementation of rulings;
o Educate the broader public about terrorism and terror funding through
missions, public lectures, publications, targeted mailings, and our
website.
Beyond litigation, Shurat HaDin seeks also to educate financial institutions
around the world about how terror funding works — and how they expose
themselves if they choose to turn a blind eye. Above all, Shurat HaDin looks
to educate, and fight for the rights of, the victims of terror, who rarely
know they have legal recourse against the world's most vicious criminals. We
are empowering the victims, and teaching them to fight back. The results of
Shurat HaDin's efforts are phenomenal, including:
o Over $1 Billion in judgments against terror organizations and state
sponsors.
o Over $600 million in terror assets frozen — money which would otherwise
have made its way to Hamas, Hizbullah, Islamic Jihad, Fatah, and other
terror groups; compared with the roughly $140 million frozen as a result
of U.S. government action in the same period, and it will become clear how
effective private civil suits can be.
o Over $120 million in recoveries, money that went directly to the victims
and their families— many of whom have lost, along with their dearest loved
ones, the basis of their livelihood.
The most important effect of Shurat HaDin's efforts has put a massive
roadblock in the path of terror funding. A decade ago, terror money flowed
freely throughout Western financial institutions and into the hands of
terrorists, today the fear of court-ordered seizures resulting from civil
suits changed the equation. Some examples:
o Hamas and other terror groups not to use the banking system in any way
instead smuggling their money into Gaza through underground tunnels and
suitcases;
o Iran pulled its assets out of Europe, shifting its business to Asia;
obstructing its use of hard currency; and a great any banks to refuse to
do business with terror-funding organizations, thoroughly investigate
before opening new accounts with suspicious groups, and closing down
accounts which are suspected to be identified with terror organizations.
o Lawsuits have sent a shockwave throughout the international banking
system, with many of the formerly reluctant financial institutions now
fearful of massive civil liability and seeking the guidance of Western
intelligence services concerning the identities of their customers.
o According to one high ranking Mossad official, Shurat Hadin's legal
activities have reduced actual terror activity in the Gaza Strip by as
much as 60 percent.
Nitsana Darshan-Leitner
Founder, Shurat HaDin Israeli Law Center
Nitsana Darshan-Leitner is an Israeli attorney, human rights activist and the
founder of Shurat HaDin Israeli Law Center. She built her reputation through
legal activism, especially lawsuits and legal actions brought on behalf of
terrorvictims against terrorist groups, their leaders and financial patrons.
In addition, her law office has brought civil actions against numerous banks
and financial institutions she accuses of aiding and abetting Islamic and Arab
groups engaged in terror attacks.
In 2003, Darshan-Leitner founded Shurat HaDin - Israel Law Center in Tel Aviv.
Shurat HaDin is an Israeli based civil rights center that focuses on bringing
lawsuits and legal actions on behalf of the victims of terrorism. She credits
the Southern Poverty Law Center, which had bankrupted several branches of the
KKK and other neo-Nazigroups through civil litigation, as an important
influence in her work. In founding Shurat HaDin, she noted her goal was to "go
after terrorists in the same way that they (the SPLC) were going after
racists."
Darshan-Leitner succeeded in receiving more than $1 billion in judgments,
freezing over $600 million in terror assets and securing over $120 million in
actual disbursements to the victims and their families. She represents
hundreds of terror victims in cases brought against the Islamic Republic of
Iran, North Korea, the Palestinian Authority, Hamas and the PLO, among others.
She successfully represented Puerto Rican family victims of the 1972 Lod
terrorist attack in a lawsuit against North Korea. In 2010, a US federal court
on the island ruled in their favor, ordering the North Korean government to
compensate the victims for the sum of $378 million.
In April 2012, Darshan-Leitner was awarded the Moskowitz Family Foundation "Oz
Tzion" Prize.
Darshan-Leitner was born in Petah Tikva, Israel. After completing her national
service as an ambulance dispatcher she received a law degree from Bar Ilan
University Faculty of Law in 1996. She subsequently received an MBA from
Manchester University in the United Kingdom.
Inmarsat Background Information
On Inmarsat Facilitating Services to Iranain owned vessels:
o Inmarsat is unlawfully providing satellite services to oil tankers and
other vessels that are owned by, controlled by, or dedicated to the aid of
the Islamic Republic of Iran.
o The United States Treasury has designated and blocked numerous sea vessels
it has identified as belonging to the proscribed Islamic Republic of Iran
Shipping Lines (IRISL). On July 12, 2012 the Treasury updated its list of
ships once again as many of the Iranian owned vessels have changed their
names and been re-flagged to avoid detection.
o Since the provision of services to proscribed Iranian owned sea vessels is
illegal, Inmarsat's continued servicing of these Iranian vessels thwarts
the internationally mandated economic sanctions levied against Tehran and
the U.S. Treasury's regulations prohibiting servicing these vessels.
o By providing crucial satellite services and materially supporting Iran's
oil industry, Inmarsat facilitates Tehran's abilities to advance its
illegal nuclear weapons program and escalate its sponsorship of Islamic
terrorism.
o According to the United States Supreme Court, the provision of
communications services constitutes the provision of "material support or
resources" pursuant to 18 U.S.C. § 2339A. Such provision therefore
subjects Inmarsat to criminal liability pursuant to 18 U.S.C. §§ 2339A,
2339B, 2339C and to civil liability pursuant to 18 U.S.C. § 2333 (see Boim
v. Holy Land Foundation, 549 F.3d 685, 690-91 (7th Cir. 2008) (en banc)).
o While Inmarsat might not operate the vessels that carry Iranian property,
Inmarsat's crucial satellite services enable those vessels to operate and
in turn aid and abet Iran's illegal efforts to evade the imposed economic
sanctions and fund its nuclear and terrorism programs.
Last summer, Shurat HaDin – Israel Law Center brought suit against
Inmarsat in Miami to terminate its provision of satellite services to
boats being illegally utilized for the Gaza Flotilla including the
infamous Mavi Marmara.
History of Company:
o Founded in 1979 by the International Maritime Organization to enable
communication among ships and for assistance in emergencies.
o Launched the world's first global mobile satellite communications system
in 1982.
o In 1999, transitioned from intergovernmental organization into a privately
held company.
o Through the acquisition of Stratos Global and Segovia, a provider of
secure IP-based managed solutions to the US Government, and leading VSAT
provider Ship Equip.
o Inmarsat currently has offices in more than 40 locations across every
continent including Miami, Florida and Washington, DC.
About Inmarsat:
o Inmarsat has been at the forefront of mobile satellite services for more
than 32 years and is a leading provider of global voice, data and IP
communications solutions.
o Inmarsat owns and operates a fleet of 11 satellites providing mobile voice
and data communications around the world, enabling users to make phone
calls or connect to the internet on land, at sea or in the air.
o Inmarsat sells services and solutions directly, or through their worldwide
network of independent distribution partners and service providers.
o Inmarsat offers a wide portfolio of global communications solutions and
value-added services available on the market; providing voice and
high-speed data services to almost anywhere on the planet - on land, at
sea and in the air.
o Enable people and organizations to make calls or connect to the internet -
whenever and wherever they need – using handheld satellite phones or small
notebook-size broadband devices.
o Offer a range of communication and safety services, including voice and
broadband IP data for vessel operations, crew and passenger connectivity,
and access to the Global Maritime Distress and Safety System (GMDSS).
o Provides use of satellite operation in the aviation sector, enabling a
diverse range of applications for the cockpit and cabin, from safety
communications, weather and flight updates to email, internet and phone
services.
SOURCE Shurat HaDin—Israel Law Center
Contact: Stefan Friedman, +1-212-561-8730
Sponsored Links
Advertisement
Advertisements
Sponsored Links
Advertisement
Rate this Page