By KJ McElrath  |  April 19, 2019

Category: Legal News

The explosion of an IED bomb hidden inside a motor vehicle last week resulted in a total of six military casualties, three of whom were killed. In addition, a local contractor was injured. The contractor, along with the three surviving servicemen, were evacuated to a medical facility for treatment.

The explosion, which claimed the lives of three U.S. Marines, occurred near Bagram Air Base. According to a report in Marine Times, the Taliban has claimed responsibility. This incident brings the total number of military deaths in Afghanistan this year to seven.

This incident highlights the issue of IED bomb attacks and other simple yet deadly explosive ordnance used by guerrilla fighters and terrorists that in some cases were financed by private banks located in countries that are ostensibly U.S. allies. Because of this, these banks are liable and under federal anti-terrorism law, can be sued surviving family members.

What Is an IED Bomb?

The term “IED” stands for “Improvised Explosive Device.” The IED bomb is only one category in a group of low-tech, makeshift weapons that also includes Explosively Formed Penetrators (EFPs) and Rocket Assisted Munitions (RAMs), also known as rocket-propelled bombs. EFPs are easily disguised or camouflaged and are considered to be the deadliest weapon faced by coalition troops in the region. RAMs can be mounted on a vehicle and operated remotely.

According to a 2006 report in the U.K. Telegraph, weapons such as the IED bomb were being assembled at factories located in Iran. This report was later confirmed by a high-ranking naval officer who was serving on President Obama’s Joint Chiefs of Staff at the time. In response, the U.S. Congress enacted sanctions against Iran, which were intended to prevent them from receiving the money required for IED bomb manufacture and distribution.

How Iranian Weapons Were Funded

U.S. sanctions against Iran appear to have been ignored or cleverly circumvented by a number of European banks. In 2014, over 200 plaintiffs, surviving family members of fallen servicemen as well as injured veterans,filed Anti-Terrorism Act lawsuits, alleging that Commerzbank of Germany, Credit Suisse, Barclays and HSBC of the U.K. and the Royal Bank of Scotland all conspired with the Iranians to support terrorists against the U.S. military in Iraq.

The defendants have claimed that they were simply engaging in “routine banking services,” and filed a motion to dismiss the lawsuit. However, after reviewing the plaintiff’s detailed allegations, the judge assigned to the case, Cheryl L. Pollak, determined that there were “serious questions” about how “routine” the transactions in questions were in light of the “sophisticated means to evade detection” employed in order to evade U.S. sanctions.

Can the Right Lawyer Help?

In denying the defendants’ motion to dismiss the aforementioned lawsuit, Judge Pollak wrote that under the Justice Against Sponsors of Terrorism Act (JASTA) limiting “sovereign immunity” against the governments of nations that sponsor terrorism, “Congress has now clearly provided for both conspiracy and aiding and abetting principles to provide a basis for imposing secondary liability upon those who provide material support to terrorists.”

In other words, although a bank may not be a government entity, it can still be held liable if it helps in any way to facilitate IED bomb manufacture and distribution. A lawyer experienced in these types of cases can help to determine if you have grounds for legal action.

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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