Anne Bucher  |  May 11, 2022

Category: Legal News

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Photo of a 9/11 memorial site.
(Photo Credit: Cody Veteto/Shutterstock)

Update:

  • Families of 9/11 victims are fighting to make sure the distribution of a $3.5 billion compensation fund for relatives of the nearly 3,000 people killed in the attacks is done fairly.
  • In a May 5 letter, the representatives for families of one-third of the victims of the Sept. 11, 2001, terror attacks said the court needed to appoint an independent special master to ensure the funds were equitably split.
  • Lawyers for those victims said, under a proposed deal championed by counsel for another set of plaintiffs, that they feared the funds would be funneled toward just a few families and insurance companies 
  • “The Framework Agreement is unfair, unequitable and shrouded in secrecy, and it puts these counsel — rather than the court — in charge of determining what is fair,” the attorneys said.
  • The appointment of a special master would help ensure each victim got something meaningful, the lawyers argue.

9/11 Victims Class Action Lawsuit Overview:

  • Who: The estate of a man who was killed on 9/11 and his family members filed a class action lawsuit to freeze a $3.5 billion fund of Afghan assets.
  • Why: They say that a few families and estates are set to drain the entire fund, which will result in a “profoundly inequitable outcome.”
  • Where: The 9/11 victims class action lawsuit was filed in New York federal court.

(April 26, 2022)

The estate of a man who was killed on 9/11 and his family members have filed a class action lawsuit in an effort to freeze $3.5 billion in Afghan assets and ensure that the money is distributed equitably among the family members of the nearly 3,000 people killed in the attacks.

Last week, they urged a federal judge to enjoin enforcement of the fund over concerns that the claims of just a few families may drain it.

“For the past two decades, Plaintiffs and thousands of other victims of the 9/11 Attacks have sought to hold the Taliban accountable for its role in sponsoring and facilitating the deadliest terrorist attack on U.S. soil,” the 9/11 victims class action lawsuit says.

Although the plaintiffs and others were ultimately able to secure judgments against the Taliban, due to sanctions against the Taliban and its leadership, they had been unable to identify assets that could be used to satisfy the judgments.

On Feb. 11, President Joseph R. Biden signed an executive order that directed approximately $7 billion in assets held in Afghanistan’s central bank (DAB) in the United States to be consolidated in a blocked account at the Federal Reserve Bank of New York. Approximately half of those assets were to be preserved for U.S. victims of terrorism. The remaining half is to be used for humanitarian relief for the people of Afghanistan.

9/11 Victims Class Action Cautions Against ‘Profoundly Inequitable Outcome’ 

In response to the executive order, eligible victims raced to establish “priority” under New York State’s default judgment enforcement rules, the 9/11 victims class action lawsuit says.

As a result, the $3.5 billion in assets are “insufficient” to satisfy the claims, the plaintiffs argue.

“Indeed, if individual adjudications proceed under the ‘first in time is first in right’ approach, a small number of claimants will likely take the entire $3.5 billion in DAB assets for themselves while Plaintiffs and thousands of other victims will likely recover nothing–a profoundly inequitable outcome,” the 9/11 victims class action lawsuit says.

The plaintiffs are seeking an order to enjoin any judgment enforcement proceeding that affects the DAB assets until their class action lawsuit has been adjudicated. They seek to represent a proposed class of persons and/or estates with a claim for compensatory damages against the Taliban in a U.S. court as of Apr. 20 for injuries sustained due to an act of terrorism.

Families of 9/11 victims filed a class action lawsuit last year claiming that victims of the attacks were underpaid by a victims compensation fund.

Do you think the Afghanistan fund distribution should be put on hold to allow for a more equitable distribution plan? Join the discussion in the comments below! 

The family is represented by Megan Wolfe Benette and Noah H. Kushlefsky of Kreindler & Kreindler LLP and Theresa Trzaskoma, Michael Tremonte, Max Tanner and Kathryn E. Ghotbi of Sher Tremonte LLP.

The Afghanistan Fund Class Action Lawsuit is In re: Approximately $3.5 Billion of Assets on Deposit at the Federal Reserve Bank of New York in the Name of Da Afghanistan Bank, Case No. 1:22-cv-03228, in the U.S. District Court for the Southern District of New York.


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3 thoughts on9/11 Families Seek Equal Distribution of Compensation Fund

  1. Anthony j vola sr says:

    I think the VSST is robbing 911 families fourth round payments are 85 million pathetic you mean to tell me that’s all they confiscated or is the rest of the money going to Ukraine as far as the 3.5 billion I don’t trust the vsst we need someone who would do a equal distribution

    1. Lebron says:

      I agree, my sister was killed on September 11th attack, I have a judgment award and the fun only paid me $1,500 in this four round. This is an insult to the memory of my sister killed on 9/11… Where is all the money? When my award is going to be paid?

  2. Barbara L Rogers says:

    pls add me

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