Terror victims holding an American federal court judgment against the Hamas organization have legally restrained more than $11 million belonging to the terrorist group.
On Feb. 5, Egyptian officials stopped Hamas leader Ayman Taha at the Rafah border crossing from entering into Gaza with suitcases containing millions of dollars in cash.
Although Mr. Taha insisted that he be allowed to bring the funds into Gaza, the Egyptians refused and required him to deposit the funds in the National Bank of Egypt’s (NBE) branch in al-Arish in the northern Sinai.
Attorneys for the terror victims immediately served a restraining order on the NBE’s American branch at 40 East 52nd St. in New York. The restraining notice informed the NBE that the plaintiffs have an unsatisfied judgment, owed to them by Hamas in the amount of $116 million and warned the NBE against paying out the deposited funds or permitting the withdrawal of the funds by Hamas.
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Moreover, it places the NBE on notice its Egypt’s government ownership does not grant it sovereign immunity from garnishment proceedings pursuant to the U.S. Terror Risk Insurance Act of 2002 (TRIA). Victims of Hamas terror attacks had lobbied for the law.
As TRIA provides: “Notwithstanding any other provision of law… in every case in which a person has obtained a judgment against a terrorist party on a claim based upon an act of terrorism the blocked assets of that terrorist party shall be subject to execution or attachment in aid of execution in order to satisfy such judgment.”
According to Shurat HaDin director Attorney Nitsana Darshan Leitner, press reports that Egypt harbors Hamas money in trust “are erroneous.”
“The funds have now been restrained and cannot be moved by the Egyptian government nor Hamas,” she said. “They will be paid to the terror victims. Shurat HaDin’s earlier legal actions against banking institutions providing services to Gaza have been highly effective, and Hamas is now being forced to smuggle money across the border in suitcases. Every time Hamas funds are stopped anywhere the terror victims will immediately move on them.”
David Bedein can be reached at dbedein@israelbehindthenews.com