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Mariane Pearl v. the Aga Khan

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from: Bonnie Goldstein

Posted Friday, July 20, 2007, at 11:58 AM ET

Mariane Pearl has filed a civil lawsuit in federal court (excerpted below and on the following 12 pages) regarding the "senseless kidnapping, torture and murder" in 2002 of her husband, Wall Street Journal South Asia bureau chief Daniel Pearl. Her book about the incident was the basis for the film, A Mighty Heart, starring Angelina Jolie.

Defendants in the suit include Omar Saeed Sheikh, who "divided the kidnappers into independent cells" (Page 5), one of which "undertook the entrapment" while another implemented "Pearl's kidnapping, detainment and torture" (Page 6). Sheikh was convicted of masterminding Pearl's abduction and is awaiting state execution in Pakistan. Another defendant in the lawsuit is the al-Qaida senior leader who planned the 9/11 terrorist attacks, Khalid Sheikh Mohammed. Mohammed has told a U.S. tribunal, "I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl" (Page 10), though some uncertainty exists about whether Khalid was telling the truth. Khalid has been designated an enemy combatant at the military court in Guantanamo, where he remains in custody.

A more unexpected defendant in the complaint is Pakistan's largest bank, Habib Bank Ltd., or HBL, with branches throughout the Middle East and in the United Kingdom, Canada, Europe, Africa, Asia, and New York City. The Pakistani government owns 49 percent of the bank's stock, and the Aga Khan Fund for Economic Development acquired the other 51 percent in 2004 (two years after Danny Pearl's death). The International Finance Corporation, a branch of the World Bank, is in the process of investing $125 million in HBL.

Mariane Pearl alleges that Habib Bank "aided, abetted and provided material support" for Pearl's murder "in the form of financial services" (Page 11) by offering accounts to two "banned Islamic charities," Al Rashid Trust and its successor, Al Akhtar Trust International, "operating as cover organizations for al-Qaeda" (page 9). Pearl's complaint lists examples of Habib Bank's open transactions with the funds. "Al Akhtar Trust openly solicited charitable donations … identifying Habib Bank Ltd. account numbers" (Page 12). In December, the U.S. Federal Reserve cited Habib for lack of compliance with the U.S. Bank Secrecy Act and with U.S. regulations against money laundering. Habib Bank Ltd.'s Web site is currently being "updated." In Karachi, spokesman Zafar Aziz Osmani told Reuters, "I strongly deny" the allegations in Pearl's lawsuit. "As an institution, we have never been involved in supporting any terrorist organization." His Highness the Aga Khan, chairman and founder of the bank's majority shareholder, has not shared his views on the matter with the working press.

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hot document
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from: Bonnie Goldstein

Posted Friday, July 20, 2007, at 11:58 AM ET
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Bonnie Goldstein is a former special investigator to the U.S. Senate and investigative producer for ABC News.
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Remarks from the Fray:

I was on the scene at the U.S. Consulate in Karachi during the furious search for Daniel Pearl. I do not excuse the horrific murder by those foul criminals. Understand that. But I know that Mr. Pearl visited Mr. Randall Bennett, the Regional Security Officer at the consulate, shortly before he went to his meeting with the infamous terrorist who kidnapped him. Mr. Bennett laid out the history of the man Pearl was going to meet. He pointed out his penchant for kidnapping and murder. He strongly urged Pearl not to go to the meeting. He even offered to provide a secured meeting place in the nearby Sheraton Hotel. Pearl refused his offer and went to the meeting anyway. Now, I respect Mr. Pearl's intentions, but I can't help but recognize his reckless actions. He had a beautiful wife and young child, and still he chose to take such a terrible risk even when he was warned clearly and explicitly about the dangers by Mr. Bennett, who is arguably the best Diplomatic Security Service Agent alive. It is a damn tragedy. I do not blame Pearl for the actions of the murderers, but I do wish he had heeded the warnings.

--patricktherogue

(To reply, click here.)

(7/26)

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