In a fascinating presentation, Nitsana Darshan-Leitner, founder of the Shurat HaDin Law Center in Tel Aviv, wowed the audience at a recent Jewish Federation of Northern New Jersey (JFNNJ) event with case after case of strategies used to target the financial infrastructures of terrorists and bring justice to victims and their families.
The well-attended October 29 program was part of the new FEDtalks series at the JFNNJ in Paramus. It began on a somber note, as names of victims from the Pittsburgh synagogue attack were read aloud, followed by a moment of silence.
Darshan-Leitner then began. A high-profile lawyer who, in 2016, was chosen as one of the 50 most influential Jews in the world by the Jerusalem Post, she spent a good deal of time crediting the man behind her center’s unique approach: Meir Dagan.
Terrorism was at its height in 2002 when Dagan was appointed by Ariel Sharon to head Mossad. Dagan knew he needed to be aggressive, but not at the expense of Israeli blood. Simply put, he did not like war. Fortunately, he was a very creative man, and luckily, Ariel Sharon understood the extent of Dagan’s imagination and gave him much latitude. Dagan was aware that banks throughout the world were willing to funnel huge amounts of money to terrorist organizations. He also knew of ongoing smuggling operations using suitcases filled with cash. His goal, adopted by the Shurat Hadin Law Center, was to “follow the money, target the money and kill the money.”
Darshan-Leitner related that in one operation, Dagan’s team set up a makeshift investment fund office in a South American city. The sophisticated operation had opulent trappings, complete with beautiful young women in its employ. They invited Yasser Arafat’s money man, Mohammed Rashid, to visit and learn about a new fund. He took the bait, and after receiving a 30 percent return, continued to park more and more of his boss’ money into the fund until hundreds of millions of dollars had been invested. That’s when the problems started for Rashid. Suddenly, he could no longer get in touch with the firm. In a panic, he flew to South America, only to discover that the company had disappeared without a trace.
Another operation involved covertly robbing a bank that had terrorist funds, while still another involved bombing of Southern Lebanese banks whose vaults contained Hezbollah cash.
Shurat HaDin was formed in 2002 after Dagan recruited Darshan-Leitner. He wanted to know if she, and the small group of lawyers she would be working with, could sue U.S., European, Arab and Chinese banks if they were found to be complicit in moving funds for terrorist organizations. Specifically, the question was whether banks could be held accountable should those funds result in the deaths of innocent people. Since then, Darshan-Leitner and her team have been litigating cases in the U.S. that have originated across the globe. How successful have the efforts been so far? Verdicts in high -profile cases have resulted in awards in the hundreds of millions for victims. As Darshan-Leitner put it, “No bank opens accounts for terror organizations anymore.”
But there is another issue. While the Palestinian Authority will appear in court to defend itself, Iran and Hezbollah will not. Often collecting on wins is difficult, but Darshan-Leitner will look for any angle. After winning a case against Iran, the center wanted to collect by seizing funds from Iranian bank accounts frozen by the U.S. The State Department said no, since there were ongoing negotiations related to the nuclear deal at the time. Instead, Darshan-Leitner’s team learned about prime property owned by Iran in New York, a 36-story office building at 650 Fifth Avenue. The center was able to seize it and put it up for sale, with proceeds earmarked for terror victims.
The time it takes to prosecute, and the twists and turns along the way, are often monumental. A number of families were represented in one case, victims of 24 terrorist attacks committed by members of the Palestinian police. The lawsuit was launched in 2004 and was not tried until 2015. Although the Center won the case with an award of over $650 million, the appeals have been ongoing. The PA’s defense was in constant flux. First, it claimed that as a state it couldn’t be sued. Then it said that injuries and deaths occurred during a war situation, exempting it from liability. During the trial, it insisted that those committing the acts were rogue cops working after hours. That argument was shot down when it was revealed that throughout their years of imprisonment, the PA police and their families continued to be paid. After the appeal, its new defense was that the PA is not a U.S. entity. The verdict was challenged based on personal jurisdiction.
When families do win, it is not only about the monetary reward. One father from Sderot, whose 17-year-old daughter was killed and 15-year-old son disabled by a Hamas rocket, said, “I no longer feel like a victim,” when he learned of the verdict.
A growing battleground for Darshan-Leitner and her team has been social media. As she put it, “Do you think ISIS would have grown so powerful without the use of social media to graphically publicize its killings and recruit new members?” She noted that over the past three years, most terror attacks in Israel have been committed by 15- and 16-year-olds. Videos inciting them to kill, showing them how to use a knife and even how to twist it inside its victim for maximum damage have had their effect.
“All terrorists have Facebook pages,” she noted.
When Prime Minister Netanyahu asked company officials to remove anything that caused incitement, Facebook refused. When sued, it filed a motion to dismiss based on blanket immunity for content. The center got involved, stating that anything that includes a “clear and present danger” is not protected by freedom of speech. Facebook argued that it doesn’t take sides in international conflicts. The center decided to test that claim. It created two identical ads showing the same graphics. The only thing that differed were the headlines. One said “Kill Palestinians,” the other “Kill Israelis.” It then anonymously contacted Facebook about each offending ad, asking that it be removed. The company quickly complied for the ad inciting violence against Palestinians, but left up the one encouraging violence against Israelis. “It doesn’t violate our standards,” it explained.
The center is currently representing five families, Jewish and non-Jewish, who suffered losses due to incitement and violence directly tied to Facebook. The $1 billion lawsuit will commence in New York. “Social media must have social responsibility,” Darshan-Leitner observed.
The center has been involved in using court systems for other activities as well, like stopping the Gaza Flotillas and defending IDF soldiers accused of war crimes. “As an NGO,” Darshan-Leitner explained, “we can represent them.” In fact, as a private entity, the Shurat HaDin Law Center has much more latitude than the Israeli government. “Our hands aren’t tied by international treaties or political correctness.”
Darshan-Leitner closed by saying that every day her center receives more and more calls and “We don’t want to be victims anymore.” She implored the audience to “Please join us in our fight.”
The history and objectives of the center are captured in much greater detail in a book by Darshan-Leitner, co-authored by Samuel M. Katz. Published late last year, it is called “Harpoon: Inside the Covert War Against Terrorism’s Money Masters.”
By Robert Isler
Robert Isler is a marketing researcher and freelance writer who lives in Fair Lawn. He can be reached at [email protected].
