Joanna Szabo  |  September 8, 2021

Category: Legal News

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Three soldiers in the desert

If you or a loved one were injured by IED attacks in Afghanistan or Iraq, you might think it was part of the risk of being there. That’s not necessarily the case, according to a federal law that allows lawsuits to be filed against Iran and the banks that financed state-sponsored terrorism.

IED attacks in Iraq and Afghanistan severely injured or killed U.S. troops during combat. These weapons may not have been made without the financial assistance of several foreign banks.

European banks such as HSBC Bank of the United Kingdom, BNP Paribas of France, and Commerzbank of Germany have pleaded guilty and settled criminal charges, including paying fines to the U.S. for supporting terrorist groups. The banks admitted to processing financial transactions and laundering money for Iran and other terror-sponsoring nations that built weapons used against U.S. troops in Iraq and Afghanistan.

By ignoring the laws, the banks helped Hezbollah—the militant Shia movement backed by Iran—to finance the illegal creation of IEDs (improvised explosive devices), EFPs (explosively formed penetrators), IRAMS (improvised rocket-assisted munitions) and rocket-propelled grenades, all of which were used against the U.S. troops.

More Than 500 Deaths from IED Attacks in Iraq and Afghanistan

The estimate of 500 Iranian-related American deaths is probably low, David “Bo” Bolgiano, a retired Army Special Forces officer who went to Iraq in 2006 and 2007 with the Joint Improvised Explosive Device Defeat Organization, told the Military Times.

The Defense Department doesn’t have exact figures of U.S. military members injured or killed by Iranian-backed weapons. The figure, according to the Pentagon, is based on intelligence assessments.

The U.S. military lacked the forensic ability to connect every incident suspected to be linked to the Iranians in Iraq and Afghanistan. However, Bolgiano said that the IED attacks in Iraq were conducted with sophisticated weaponry. Tell-tale signs that the weapons came from Iran include their metallurgy work and the copper plate formation.

Bolgiano says Iran was the largest supplier of IEDs with distinctive charges and copper plates. He also said the word “improvised” in the name improvised explosive device (IED) makes the bomb sound as if it is an amateur attempt to cause harm, but Iran’s IEDs were sophisticated and powerful enough to destroy Humvees and blow holes into tank hulls.

In 2006, British newspaper The Telegraph reported that Iran secured funding to operate entire factories devoted to making a variety of explosive devices that were used in IED attacks in Iraq.

Anti-Terrorism Act Allegations

Despite the U.S. Congress sanctioning Iran in an effort to prevent the country from committing acts of terror, Iran enticed a handful of banks to ignore the sanctions in exchange for promises of large profits. The banks now must offer compensation to injured American soldiers, who can pursue the money via the U.S. Anti-Terrorism Act.

In August 2018, 200 veterans or surviving family members were given permission to proceed with their Anti-Terrorism Act claims against HSBC, Credit Suisse, Barclays, Standard Chartered, Royal Bank of Scotland, and Commerzbank, Reuters reported. According to a Reuters report, a Brooklyn magistrate determined that the veterans and survivors had sufficiently argued two theories of liability and recommended that the allegations be allowed to continue.

IED attacks in Iraq tied to bank financingThe first theory of liability: The banks in question violated the Anti-Terrorism Act by providing monetary support to bombings that used Iran explosives. The second theory of liability: The banks violated the 2016 Justice Against Sponsors of Terrorism Act by aiding and abetting Iranian terrorist operations.

The magistrate noted that there are “serious questions” about the banks’ alleged actions, which reportedly include “stripping financial transactions, disguising payment sources, transferring funds to sanctioned entities and manually altering payment information.”

In the decision, the magistrate also called into question whether the banks provided routine services and whether helping the Iranian entities to develop sophisticated means to evade detection and avoid U.S. sanctions could be considered “routine banking services.”

Taking legal action allows soldiers and their surviving family members to be compensated by the banks for their role in Iran-sponsored terrorism. Although penalties from government agencies have mostly tapered off, lawsuits from injured veterans may only be beginning.

What Injuries Can be Compensated?

Under the Anti-Terrorism Act, a number of injuries can be eligible for compensation. A number of common injuries that have received compensation so far include:

  • Mental and physical injuries from explosions (such as from IED attacks)
  • Broken bones
  • PTSD (post-traumatic stress disorder)
  • Traumatic brain injuries
  • Spinal cord injuries
  • Amputations
  • Loss of vision
  • Death

Filing an Anti-Terrorism Act Lawsuit

A growing number of wounded military service members and their surviving family have begun pursuing litigation under the Anti-Terrorism Act.

In order to be eligible under the Anti-Terrorism Act:

  • the event must be proven to be an act of international terrorism (excluding acts of war and domestic terrorism),
  • the plaintiff must be a U.S. national (or their survivor), and
  • the defendant must have either directly caused the injuries or aided and abetted the terror attack that then caused the injuries.

If you or someone you love was injured or killed due to IED attacks in Iraq while serving in the U.S. military, you may be able to file a lawsuit under the Anti-Terrorism Act and pursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by IED injuries, nor can it bring a loved one back to life, but it can at least help to alleviate the financial burden associated with these injuries. Litigation can also help hold banks accountable for any actions that may have contributed to these attacks.

So far, more than $1 billion has been paid out to victims and their families through the U.S. Victims of State-Sponsored Terrorism Fund. That number is only expected to climb.

If you or a loved one was injured or killed by an IED or EFP while fighting in the Iraq or Afghanistan wars, legal recourse is available. Get help now by filling out the form on this page for a FREE case evaluation.

The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or anti-terrorist class action lawsuit is best for you. (In general, anti-terrorist lawsuits are filed individually by each plaintiff and are not class actions.) After you fill out the form, the attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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