UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
JOHN DOE, in his capacity )
as the executor of the Estate of )
JANE DOE, in his personal ) COMPLAINT
capacity, and as the personal )
representative of JANE DOE, ) Case No.: 03-CV-20174
Plaintiff, ) JUDGE: KING
vs. ) MAGISTRATE JUDGE:
) OSULLIVAN

THE REPUBLIC OF VENEZUELA, )
c/o Antonio Hernandez, Consul )
101 Brickell Avenue, Suite 901 )
Miami, Florida 33131, )
and )
HUGO CHAVEZ, )
c/o Palacio Miraflores )
Caracas, Venezuela, )

and )
WALTER MARQUEZ, )
c/o Embassy of Venezuela in New Delhi )
N–114, Panchshila Park, )
New Delhi - 110017, India )
Defendants. )

Plaintiff John Doe, by counsel, brings this action in his capacity as the executor of the estate of Jane Doe, in his personal capacity, and as the personal representative of Jane Doe, deceased. Plaintiff hereby sues The Republic of Venezuela (“Venezuela”), Hugo Chavez (“Chavez”) and Walter Marquez (“Marquez”), arising from their assistance in terrorist attacks upon the United States.

JURISDICTION AND VENUE

1. The Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1330(a), 1331, 1332(a)(2), 1350, and 1366.

2. Venezuela is subject to suit in the courts of the United States pursuant to the Foreign

Sovereign Immunities Act, 28 U.S.C. § 1602 et. seq., because its conduct falls within the exceptions to foreign sovereign immunity set forth at 28 U.S.C. § 1605(a)(5).

3. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(d) and 1391(f)(4).

PARTIES

4. Plaintiff John Doe is United States National. Plaintiff also is the executor of the estate of Jane Doe, and the personal representative of Jane Doe, deceased. Plaintiff and Plaintiff’s decedent were husband and wife. Plaintiff’s decedent also was a national of the United States.

5. The Republic of Venezuela (“Venezuela”) is a foreign sovereign state located in

South America and sharing borders with Brazil, Colombia, and Guyana. The United States has formal diplomatic relations with the current government of Venezuela, which can be located c/o Ambassador Alfredo Toro Hardy, 1099 30th Street, NW, Washington, D.C., 20007. Venezuela has a consulate in Miami, located at 101 Brickell Avenue, North Tower, Suite 901, Miami, Florida 33131, and the consul is Antonio Hernandez.

6. Defendant Hugo Chavez (“Chavez”), is the President of Venezuela and a citizen of

Venezuela. Chavez heads and directs the activities of Venezuela. Chavez currently resides in Venezuela.

7. Defendant Walter Marquez, (“Marquez”) is a Venezuelan citizen. Marquez is the Venezuelan Ambassador to India. Marquez currently resides in India.

STATEMENT OF FACTS

8. On information and belief, Bin Laden and Al Qaeda, received material support and

assistance from Venezuela, by and through its officials, agents, and/or employees, specifically Chavez and Marquez, in the form of financial and other means, to assist and further Bin Laden and Al Qaeda train, plan, coordinate, and implement the attacks on September 11, 2001. Upon information and belief, Chavez and Marquez are socialists, if not communists, who openly admire and imitate Fidel Castro and who detest and hate the United States and its system of government, and capitalist economy. They have actively assisted and associate with Fidel Castro, and his communist nation of Cuba. Castro is a known terrorist, who according to Bush Administration officials, possesses biological and chemical weapon facilities on his island, among other terrorist means. On information and belief, they desire and intend to harm, and have harmed, the United States and its citizens.

9. On or about February 23, 1998, Bin Laden and Al Qaeda issued a Fatwah (religious decree) urging Jihad (holy war) against the United States and all Americans. The Fatwah issued by Bin Laden and Al Qaeda stated, in pertinent part, as follows:

[I]n compliance with God’s order, we issue the following Fatwah to all Muslims: The ruling to kill the Americans and their allies -- civilians and military -- is an individual duty for every Muslim who can do it any country in which its is possible to do it, . . . We -- with God’s help -- call on very Muslim who believes in God and wishes to be rewarded to comply with God’s order to kill the Americans and plunder their money wherever and whenever they find it.

In calling on all Muslims to kill Americans “wherever and whenever” they can be found, and in carrying out the terrorist attacks described below, Bin Laden and Al Qaeda purposefully directed their illegal, tortious, unlawful, and murderous actions and conduct towards the United States.

10. On the morning of Tuesday, September 11, 2001, nineteen agents of Bin Laden and Al Qaeda hijacked four fully-fueled jetliners in the United States with the intention of crashing them into the World Trade Center in New York City, the Pentagon outside Washington, D.C., and one other unknown target in Washington, D.C., presumably either The White House or the Capitol.

11. U.S. officials have reportedly concluded that fifteen of the hijackers were Saudi Arabian nationals. Two others were from the United Arab Emirates. One was from Lebanon, and one was from Egypt. All of the hijackers reportedly entered the United States on student visas. The hijackers also reportedly had received support from Al Qaeda “cells” located the Federal Republic of Germany, Spain, the United Kingdom, the United Arab Emirates, and Afghanistan.

12. At approximately 8:46 a.m., one of the hijacked jetliners, American Airlines Flight 11 carrying ninety-two persons, struck the North Tower of the World Trade Center.

13. At approximately 9:02 a.m., a second hijacked jetliner, United Airlines Flight 175 carrying sixty-five persons, struck the South Tower of the World Trade Center.

14. At approximately 9:37 a.m., a third hijacked jetliner, American Airlines Flight 77 carrying sixty-four persons, struck the Pentagon.

15. At approximately 9:50 a.m., the South Tower of the World Trade Center, the second tower to be attacked, collapsed with thousands of people remaining inside.

16. At approximately 10:10 a.m., a fourth hijacked jetliner, United Airlines Flight 93 carrying forty-five persons, crashed into a field in Western Pennsylvania as a result of courageous actions by the passengers and crew.

17. At approximately 10:29 a.m., the North Tower of the World Trade Center, the first tower to be attacked, collapsed with thousands of people remaining inside.

18. On Tuesday, September 11, 2001, Plaintiff’s decedent was attending a meeting on an upper floor of the South Tower when it was struck by United Airlines Flight 175 several floors below. She remains missing and is presumed dead.

19. Plaintiff’s decedent was forty-seven years old. She is survived by Plaintiff, her husband of twenty years, two teenage daughters, and her parents.

20. Upon information and belief, Venezuela, by and through its officials, agents and/or employees, specifically, Chavez and Marquez, individually and as a nation, continue to assist, aid and abet Bin Laden and Al Qaeda. After September 11, 2001, Chavez and Marquez, initiated a plan to assist, aid and abet Bin Laden and Al Qaeda to relocate and train terrorists for future attacks on the United States, domestically and abroad, by providing them with at least $1,000,000.00, as reported in WorldNetDaily and Global News Wire and EFE News Service. See exhibits 1 and 2, which are incorporated herein by reference.

21. Upon information and belief, the transaction was to be disguised as humanitarian

help for the Taliban.

22. Upon information and belief, Chavez sent the $1,000,000.00 to his ambassador in the

region, Marquez, and Marquez arranged to take the money to Afghanistan. Once there $100,000.00 was paid to the Taliban and $900,000.00 to Bin Laden and Al Qaeda.

23. As a direct and proximate result of Defendants’ assisting, aiding and abetting the intentional, willful, and malicious acts of terrorism on September 11, 2001, Plaintiff, Plaintiff’s decedent, and Plaintiff’s decedent’s other family members suffered severe and permanent personal injuries, damages, and losses, including but not limited to the following:

(a) The emotional distress, mental anguish, fear of death, and pain and suffering inflicted on Plaintiff’s decedent prior to the collapse of the South Tower and Plaintiff’s decedent’s death.

(b) The economic losses and loss of accretions suffered by Plaintiff’s decedent’s estate as a result of her death.

©) The loss of consortium, solatium, and society suffered by Plaintiff and Plaintiff’s decedent’s other family members.

(d) The emotional distress, mental anguish, and pain and suffering of Plaintiff and Plaintiff’s decedent’s other family members.

(e) The economic losses suffered by Plaintiff and Plaintiff’s decedent’s other family members.

COUNT I

(Anti-Terrorism Act Claim, 18 U.S.C. § 2333)

24. Plaintiff religious paragraphs 1 through 23 as if fully set forth herein.

25. Plaintiff and Plaintiff’s decedent, who are and were at all times nationals of the

United States, suffered substantial injuries to their persons, property, and business by reason of the acts of international terrorism perpetrated by Bin Laden and Al Qaeda, with the aid of Defendants, Venezuela, Chavez and Marquez, on September 11, 2001, that resulted in the death of Plaintiff’s decedent.

26. Defendants’ provision of material support and assistance to Bin Laden and Al Qaeda,

including the September 11, 2001 terrorist attacks that resulted in the death of Plaintiff’s decedent, also constitutes acts of international terrorism that caused substantial injuries to the persons, property, and business of Plaintiff and Plaintiff’s decedent.

WHEREFORE, Plaintiff demands judgment be entered in favor of Jane Doe’s estate and in favor of Plaintiff personally and in his capacity as the personal representative of Jane Doe, and against Defendants Venezuela, Chavez and Marquez, jointly and severally, for an amount in excess of One Hundred Million Dollars ($100,000,000.00), plus interest, costs, treble damages, attorneys fees, and such other relief as the Court deems just and proper.

COUNT II

(Alien Tort Claims Act, 28 U.S.C. §1350)

27. Plaintiff religious paragraphs 1 through 26 as if fully set forth herein.

28. Plaintiff and Plaintiff’s decedent, who are and were at all times nationals of the United States, suffered substantial injuries to their persons, property, and business by reason of the acts of international terrorism perpetrated by Defendants Bin Laden and Al Qaeda on September 11, 2001 that resulted in the death of Plaintiff’s decedent, a substantial portion of the planning, training and preparation for which occurred primarily outside the territorial jurisdiction of the United States. 29. Defendants’ provision of knowing practical assistance and/or encouragement to Bin Laden and Al Qaeda, had a substantial effect on the perpetration of the September 11, 2001 terrorist attacks that resulted in the death of Plaintiff’s decedent, also constitutes acts of international terrorism and murder that are jus cogens and violations of the law of nations that caused substantial injuries to the persons, property, and business of Plaintiff and Plaintiff’s decedent.

WHEREFORE, Plaintiff demands judgment be entered in favor of Jane Doe’s estate and in favor of Plaintiff personally and in his capacity the personal representative of Jane Doe, and against Defendants Chavez and Marquez, jointly and severally, for an amount in excess of One Hundred Million Dollars ($100,000,000.00), plus interests, costs, punitive damages, attorneys fees, and such other relief as the Court deems just and proper.

COUNT III

(Conspiracy)

30. Plaintiff religious paragraphs 1 through 29 as if fully set forth herein.

31. Defendant Venezuela, by and through Chavez and Marquez, individually and as a nation, tacitly and/or expressly agreed to provide knowing practical assistance and/or encouragement that has and had a substantial effect on the perpetration of the illegal and unlawful terrorist attacks on the United States, including, on information and belief, the terrorist attacks of September 11, 2001. To this end, Venezuela, through Chavez and Marquez, individually and as a nation, provided material support, resources, knowing practical assistance and/or encouragement to Bin Laden, Al Qaeda, and their agents to conduct terrorist attacks on the United States, including, on information and belief, the September 11, 2001 attacks.

32. In furtherance of this conspiracy, agents of Bin Laden and Al Qaeda carried out the terrorist attacks of September 11, 2001, which caused the destruction of the World Trade Center and the death of Plaintiff’s decedent.

WHEREFORE, Plaintiff demands judgment be entered in favor of Jane Doe’s estate and in favor of Plaintiff personally, and against Defendants Venezuela, Chavez and Marquez, jointly and severally, for an amount in excess of One Hundred Million Dollars ($100,000,000.00), plus interests, costs, punitive damages, attorneys fees, and such other relief as the Court deems just and proper.

COUNT IV

(Wrongful Death)

33. Plaintiff religious paragraphs 1 through 32 as if fully set forth herein.

34. Plaintiff’s decedent is survived by several family members, including Plaintiff and two daughters, who are entitled to recover damages from Defendants for the wrongful death of Plaintiff’s decedent.

WHEREFORE, Plaintiff demands judgment be entered in favor of Plaintiff in his capacity as the personal representative of Jane Doe, and against Defendants Chavez, Marquez, and Venezuela, jointly and severally, for an amount in excess of One Hundred Million Dollars ($100,000,000.00), plus interests, costs, punitive damages, attorneys fees, and such other relief as the Court deems just and proper.
JURY DEMAND
Plaintiff demands trial by jury on all issues so triable.
Respectfully submitted,
JUDICIAL WATCH, INC.
Larry Klayman, Esq.
Florida Bar No.: 0246220
501 School Street, SW, Suite725
Washington, DC 20024
Tel.: (202) 646-5172
Fax : (202) 646-5199
Edelberto Farrés, Esq.
Florida Bar No.: 0070793
100 SE 2nd Street, Suite 3920
Miami, Florida 33131
Tel.: (305) 349-2391
Fax: (305) 374-9054
Attorneys for Plaintiff

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