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