DOCSLIB.ORG

18-2540-Cv Jeffrey Siegel, Et Al. V. HSBC North America Holdings, Inc

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
18-2540-Cv Jeffrey Siegel, Et Al. V. HSBC North America Holdings, Inc Case 18-2540, Document 77-1, 08/08/2019, 2627076, Page1 of 21 18‐2540‐cv Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc., and HSBC Bank USA, N.A. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2018 (Argued: March 5, 2019 Decided: August 8, 2019) Docket No. 18‐2540‐cv JEFFREY SIEGEL, ADMINISTRATOR OF THE ESTATE OF MOUSTAPHA AKKAD, DECEASED, AND MOUSTAPHA AKKADʹS HEIRS, SOOHA AKKAD, INDIVIDUALLY, SUSAN GITELSON, SPECIAL ADMINISTRATOR OF THE ESTATE OF RIMA AKKAD MONLA, DECEASED, AND RIMA AKKAD MONLAʹS HEIRS, ZIAD MONLA, AND MICHAEL BUTLER, Plaintiffs‐Appellants, v. HSBC NORTH AMERICA HOLDINGS, INC., AND HSBC BANK USA, N.A., HBUS, Defendants‐Appellees.1 Before: SACK, RAGGI, AND CARNEY, Circuit Judges. The plaintiffs are victims, or the representatives of victims, of a series of terrorist attacks on November 9, 2005, in Amman, Jordan. The plaintiffs allege that the defendants, HSBC North America Holdings, Inc., and HSBC Bank USA, N.A., aided and abetted the attackers, in violation of the Justice Against Sponsors 1 The Clerk of Court is directed to amend the official caption to conform with the caption above. Case 18-2540, Document 77-1, 08/08/2019, 2627076, Page2 of 21 18‐2540‐cv Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc., and HSBC Bank USA, N.A. of Terrorism Act, 18 U.S.C. § 2333(d), by providing banking services to Al Rajhi Bank, Saudi Arabiaʹs largest commercial bank, which was thought by some to have ties to al‐Qaeda in Iraq, the terrorist organization responsible for the November 9 attacks. The district court (Denise L. Cote, Judge) granted the defendantsʹ motion to dismiss for failure to state a claim, concluding that the plaintiffs had failed to plausibly allege that the defendants knowingly aided or abetted the November 9 attacks. We agree. We therefore AFFIRM. WILLIAM T. GIBBS, Corboy & Demetrio, Chicago, IL, for Plaintiffs‐Appellants. ANDREW JOHN PINCUS, Mayer Brown LLP, Washington, DC (Mark G. Hanchet and Robert W. Hamburg, Mayer Brown LLP, New York, NY, on the brief), for Defendants‐ Appellees. Marc J. Gottridge, Hogan Lovells US LLP, New York, NY (Lisa J. Fried, Benjamin A. Fleming, on the brief), filed a brief for The Institute of International Bankers, et al., as Amici Curiae. SACK, Circuit Judge: The plaintiffs are victims, or representatives of victims, of a series of terrorist attacks on November 9, 2005, in Amman, Jordan. They sued the defendants, HSBC Bank USA, N.A. and HSBC North America Holdings, Inc., for violating the Antiterrorism Act of 1990 (ʺATAʺ), 18 U.S.C. § 2333, as amended by 2 Case 18-2540, Document 77-1, 08/08/2019, 2627076, Page3 of 21 18‐2540‐cv Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc., and HSBC Bank USA, N.A. the Justice Against State Sponsors of Terrorism Act (ʺJASTAʺ), Pub. L. No. 144‐ 222, 130 Stat. 852 (Sept. 28, 2016), by providing financial services to Al Rajhi Bank, a prominent Saudi bank alleged to have links to terrorist organizations, including al‐Qaeda in Iraq, the terrorist organization responsible for the November 9 attacks. The plaintiffs now appeal from a judgment of the United States District Court for the Southern District of New York (Denise L. Cote, Judge) dismissing this action for failure to state a claim. The plaintiffs argue that the defendantsʹ willingness to do business with Al Rajhi Bank despite their knowledge of its links to terrorism is sufficient to expose the defendants to aiding‐and‐abetting liability under JASTA. They are wrong. Like the district court, we conclude that because the plaintiffs did not adequately allege in their operative pleading, the Third Amended Complaint (the ʺTACʺ), that the defendants knowingly played a role in the November 9 attacks or provided substantial assistance to the terrorist organization that perpetrated it, they failed to state a plausible claim for relief under JASTA. We therefore affirm the judgment of the district court. 3 Case 18-2540, Document 77-1, 08/08/2019, 2627076, Page4 of 21 18‐2540‐cv Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc., and HSBC Bank USA, N.A. BACKGROUND Factual Background2 On November 9, 2005, suicide bombers attacked three hotels in Amman, Jordan, in a series of coordinated attacks (the ʺNovember 9 Attacksʺ or ʺAttacksʺ). The terrorist organization al‐Qaeda in Iraq (ʺAQIʺ) claimed responsibility. With support from al‐Qaeda, AQI selected the Attacksʹ targets, recruited and trained the suicide bombers, constructed the bombs, and transported the bombs into Jordan. The plaintiffs are Americans who were injured, or the heirs or administrators of the estates of those killed, in the Attacks. The defendants, HSBC North America Holdings, Inc. (ʺHSNAʺ) and HSBC Bank USA, N.A. (ʺHBUS,ʺ and together with HSNA, ʺHSBCʺ), are financial institutions. Each has its principal place of business in New York. HSNA is a financial institution holding‐company and the parent company of HBUS. Unlike HSNA, HBUS 2 The facts set forth in this Opinion are drawn from the TAC, as well as the United States Senate Permanent Subcommittee on Investigationsʹ 2012 Report entitled, ʺU.S. Vulnerabilities to Money Laundering, Drugs, and Terrorist Financing,ʺ which the plaintiffs incorporated into the TAC. ʺFor Rule 12(b)(6) purposes, the complaint includes any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference.ʺ Coalition for Competitive Electricity, Dynergy Inc. v. Zibelman, 906 F.3d 41, 49 (2d Cir. 2018) (internal quotation marks and brackets omitted). 4 Case 18-2540, Document 77-1, 08/08/2019, 2627076, Page5 of 21 18‐2540‐cv Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc., and HSBC Bank USA, N.A. provides banking services directly to individual customers. Until January 2005, HBUS maintained a commercial relationship with Al Rajhi Bank (ʺARBʺ), Saudi Arabiaʹs largest bank, with approximately $80 billion in assets and more than 500 branches worldwide. The plaintiffs allege the following:3 ARB was, at all relevant times, involved in financing terrorist activity. In 2002, one of ARBʹs senior officials appeared on a list of investors who supported al‐Qaeda, and The Wall Street Journal reported that the government of Saudi Arabia was monitoring ARB accounts for links to terrorist organizations. In 2003, the United States Central Intelligence Agency referred to ARB as a ʺconduit for terrorist transactions.ʺ STAFF OF S. PERMANENT SUBCOMM. ON INVESTIGATIONS, U.S. VULNERABILITIES TO MONEY LAUNDERING, DRUGS, AND TERRORIST FINANCING: HSBC CASE HISTORY 197 (July 17, 2012) [hereinafter HSBC CASE HISTORY] (quoting 2003 report by the Central Intelligence Agency entitled, ʺAl Rajhi Bank: Conduit for Extremist Financeʺ). In 2004, the United States 3 Although the defendants dispute certain allegations, we accept them as true for the purposes of reviewing the challenged judgment of dismissal, except where wholly conclusory as noted infra at pp. 16–20. See In re Facebook, Inc., Initial Public Offering Derivative Litig., 797 F.3d 148, 159 (2d Cir. 2015) (quoting Faber v. Met. Life Ins. Co., 648 F.3d 98, 104 (2d Cir. 2011)). 5 Case 18-2540, Document 77-1, 08/08/2019, 2627076, Page6 of 21 18‐2540‐cv Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc., and HSBC Bank USA, N.A. government designated several Saudi‐based non‐profit organizations—all clients of ARB—as terrorist organizations. And in February 2005, two persons unaffiliated with HSBC were indicted, charged with cashing $130,000 in travelers checks at an ARB branch in Saudi Arabia and sending the money to suspected terrorists in Chechnya. HSBC was aware of ARBʹs links to terrorist organizations. The plaintiffs quote a 2012 report issued by the United States Senate Permanent Subcommittee on Investigations. It states in relevant part: HSBC has been active in Saudi Arabia, conducting substantial banking activities through affiliates as well as doing business with Saudi Arabiaʹs largest private financial institution, Al Rajhi Bank. After the 9/11 terrorist attack in 2001, evidence began to emerge that Al Rajhi Bank and some of its owners had links to financing organizations associated with terrorism, including evidence that the bankʹs key founder was an early financial benefactor of al Qaeda. TAC ¶ 63 (quoting HSBC CASE HISTORY 5‐7 (brackets and internal quotation marks omitted)). Also, in 2002, the HBUS officer in charge of Commercial and Institutional Banking stated in an email to a colleague that HBUSʹs relationship with ARB had become ʺfairly high profileʺ and that compliance officers within the company were concerned ʺthat Al Rajhiʹs account may have been used by terrorists,ʺ which, ʺ[i]f true, . could potentially open HBUS up to public 6 Case 18-2540, Document 77-1, 08/08/2019, 2627076, Page7 of 21 18‐2540‐cv Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc., and HSBC Bank USA, N.A. scrutiny and/or regulatory criticism.ʺ Id. at ¶ 110 (quoting email from Douglas Stolberg, Commercial and Institutional Banking Div., HBUS, to another senior HBUS official (2002)). In 2003, HSBCʹs Financial Intelligence Group raised concerns about one of ARBʹs clients that had been linked to al‐Qaeda. Despite HSBCʹs knowledge of ARBʹs support of terrorist organizations, HSBC ʺprovided [ARB] with a wide range of banking services,ʺ including ʺwire transfers, foreign exchange, trade financing, and asset management services.ʺ TAC ¶ 90. HSBC also ʺagree[d] to alter, falsify, or omit information from payment messages that involved prohibited countries and institutionsʺ in order to ʺconceal[] financial activities and transactions from detection . by U.S. regulators, law enforcement, and/or depository institutions.ʺ Id. at ¶ 64. HSBCʹs compliance officers were aware that ARB ʺstrip[ped] information from wire transfer documentationʺ but ʺdid not take decisive action to stop the conduct or inform HBUS of the extent of the activity.ʺ Id.
Load more

Recommended publications
  • Delve Deeper Into the Light in Her Eyes a Film by Julia Meltzer and Laura Nix
    Delve Deeper into The Light in Her Eyes A film by Julia Meltzer and Laura Nix This multi-media resource Keskin, Tugrul. The list, compiled by Gina Blume Ahmed, Leila. Women and Sociology of Islam: of Monroe Township Public Gender in Islam: Historical Secularism, Economy and Library, provides a range of Roots of a Modern Debate. Politics. Reading (UK): perspectives on the issues New Haven: Yale University Ithaca Press, 2012. Assistant raised by the POV Press, 1993. This book Professor of International and documentary The Light in presents an historical overview Middle East Studies at Portland Her Eyes. of women and gender in Islam. State University provides an It is written from a feminist examination of the role of Islam Houda al-Habash, a perspective, using the analytic in an increasingly globalized conservative Muslim preacher, tools of contemporary gender world, as well as how Islam founded a Qur’an school for girls studies. The results of its affects the West. in Damascus, Syria, 30 years investigations cast new light on ago. Every summer, her female the issues covered. Arab Awakening and Islamic students immerse themselves in Revival a rigorous study of Islam. A Mernissi, Fatima. The Veil surprising cultural shift is and the Male Elite: A Bradley, John R. After the underway — women are Feminist Interpretation of Arab Spring: How Islamists claiming space within the Women's Rights in Islam. Hijacked the Middle East mosque. Shot right before the New York: Basic Books, Revolts. New York: Palgrave uprising in Syria erupted, The 1992. Mernissa, an Macmillan, 2012. A seasoned Light in Her Eyes offers an internationally known Moroccan reporter based in the Middle extraordinary portrait of a sociologist, reveals that the East provides first-hand leader who challenges the discrimination against women knowledge and analysis of how women of her community to live commonly exhibited throughout the divisions within the various according to Islam, without today’s Muslim world is not a sects of Islam are playing a role giving up their dreams.
    [Show full text]
  • A WALK THROUGH 7Th CENTURY ARABIA
    The articles on this website may be reproduced freely as long as the following source reference is provided: Joseph A Islam www.quransmessage.com Salamun Alaikum (Peace be upon you) A WALK THROUGH 7th CENTURY ARABIA Copyright © 2009 Joseph A Islam: Article last modified 17th October 2011 EXCERPTS FROM MY TRAVEL BLOG Many are familiar with the epic 1977 motion picture, The Message. Directed by Moustapha Akkad and starring Anthony Quinn (as Hamza), Irene Papas (as Hind) and Michael Ansara (as Abu Sufiyan), it attempts to capture the provenance of the Quran's message in the Arabian peninsula and the Prophet's life in a 7th century setting. The site chosen by the film-makers had always intrigued me as they had attempted to capture the environs of 7th century Makkah. "...The new Mecca of course in Saudi Arabia now has skyscrapers and the modern changes that we could not shoot it there. So we searched for a place that resembles that Makkah ..." Moustapha Akkad, Producer Director - The Message. Source: The Making of an Epic "Ait Bou Chennt is a small village in the foothills of the Atlas Mountains about 15 km from Marrakech. The setting and the scale of the village were perfectly in keeping with 7th century Mecca. But Mecca itself was a very wealthy town set at the crossroads of the major caravan routes of Arabia. So for the film, a splendid superstructure indicative of an entirely different economic status was literally grafted onto the foundations of the existing buildings. The bewildered inhabitants, suddenly found themselves living on the ground floor of houses suitable for the wealthiest merchants of Mecca.
    [Show full text]
  • United States Court of Appeals for the Second Circuit ______
    Case 18-2540, Document 43-1, 11/30/2018, 2446462, Page2 of 8 18-2540 IN THE United States Court of Appeals for the Second Circuit ____________________ JEFFREY SIEGEL, Administrator of the Estate of Moustapha Akkad, deceased, and Moustapha Akkad’s heirs; SOOHA AKKAD, individually; SUSAN GITELSON, Special Administrator of the Estate of Rima Akkad Monla, deceased, and Rima Akkad Monla’s heirs; ZIAD MONLA; Plaintiffs-Appellants, v. HSBC NORTH AMERICA HOLDINGS INC; HSBC BANK USA, N.A., HBUS, Defendants-Appellees. AL RAJHI BANK, fka Al Rajhi Banking; HSBC HOLDINGS PLC, Defendants. ______________________________ On Appeal from the United States District Court for the Southern District of New York (No. 17-cv-6593) (Hon. Denise L. Cote, District Judge) MOTION OF THE INSTITUTE OF INTERNATIONAL BANKERS, THE AMERICAN BANKERS ASSOCIATION, THE BANK POLICY INSTITUTE, AND THE CHAMBER OF COMMERCE OF THE UNITED STATES FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF DEFENDANTS-APPELLEES AND AFFIRMANCE OF THE DISTRICT COURT MARC J. GOTTRIDGE LISA J. FRIED BENJAMIN A. FLEMING HOGAN LOVELLS US LLP 875 Third Avenue New York, New York 10022 (212) 918-3000 [email protected] [email protected] [email protected] Counsel of Record for Amici Curiae Case 18-2540, Document 43-1, 11/30/2018, 2446462, Page3 of 8 STEPHANIE WEBSTER THOMAS PINDER INSTITUTE OF INTERNATIONAL AMERICAN BANKERS BANKERS ASSOCIATION 299 Park Avenue 1120 Connecticut Ave, NW New York, NY 10171 Washington, DC 20036 (212) 421-1611 (202) 663-5000 GREGG ROZANSKY
    [Show full text]
  • Unit 5: the Post-Classical Period: the First Global Civilizations
    Unit 5: The Post-Classical Period: The First Global Civilizations Name: ________________________________________ Teacher: _____________________________ IB/AP World History 9 Commack High School Please Note: You are responsible for all information in this packet, supplemental handouts provided in class as well as your homework, class webpage and class discussions. What do we know about Muhammad and early Muslims? How do we know what we know? How is our knowledge limited? Objective: Evaluate the primary sources that historians use to learn about early Muslims. Directions: Below, write down two things you know about Muhammad and how you know these things. What I know about Muhammad... How do I know this …. / Where did this information come from... Directions: Below, write down two things you know about Muslims and how you know these things. What I know about Muslims... How do I know this …. / Where did this information from from... ARAB EXPANSION AND THE ISLAMIC WORLD, A.D. 570-800 1. MAKING THE MAP 1. Locate and label: 4. Locate and label: a Mediterranean Sea a Arabian Peninsula b Atlantic Ocean b Egypt c Black Sea c Persia (Iran) d Arabian Sea d Anatolia e Caspian Sea e Afghanistan f Aral Sea f Baluchistan g Red Sea g Iraq h Persian Gulf. 2. Locate and label: h Syria a Indus River i Spain. b Danube River 5. Locate and label: c Tigris River a Crete b Sicily d Euphrates River c Cyprus e Nile River d Strait of Gibraltar f Loire River. e Bosphorus. 3. Locate and label: 6. Locate with a black dot and a Zagros Mountains label: b Atlas Mountains a Mecca c Pyrenees Mountains b Medina d Caucasus Mountains c Constantinople e Sahara Desert.
    [Show full text]
  • Is the U.N. Above the Law?
    hotel bombings • task unit bravo • qods force • community policing Journal for Law Enforcement, Intelligence & Special Operations Professionals The CounterFEBruary/march 2012 volume 5 • number 1 IS THE U.N. ABOVE THE LAW? An SSI ® Publication february/march 2012 www.thecounterterroristmag.com USA/CANADA $5.99 The Counter Terrorist ~ Feburary/March 2012 1 © 2011 Thermo Fisher Scientific Inc. All rights reserved. Every second matters. When time and safety are critical, military and civilian first responders use Thermo Scientific handheld chemical identification instruments to rapidly identify explosives, precursors, narcotics and other chemical hazards directly at the point of need. With more than 5,000 handheld chemical identification instruments deployed worldwide, we understand what first responders demand of their equipment—and why every second matters. These insights were key as we developed FirstDefender® RM and FirstDefender RMX, our next generation Raman instruments, which are even faster and easier to use than ever before. FirstDefender RMX and FirstDefender RM Next generation Raman instruments enable rapid identification of unknown chemicals in the field. For rapid, accurate analysis of a wide range of potential chemical hazards, turn to Thermo Scientific handheld instruments, formerly sold under the Ahura Scientific brand. To schedule a demonstration of our newest solutions, visit www.thermoscientific.com/mil-chemID or call +1 (978) 642-1132. Moving science forward Circle 254 on Reader Service Card 2 The Counter Terrorist ~ Feburary/March 2012 The Counter Terrorist ~ Feburary/March 2012 3 Circle 13 on Reader Service Card Circle 340 on Reader Service Card The Counter Terrorist_Lenco_2010.indd 1 1/28/2010 10:50:42 AM 324 4 The Counter Terrorist ~ Feburary/March 2012 CircleCircle 29 onon ReaderReader ServiceService CardCard The Journal for Law Enforcement, Intelligence & Special Operations Professionals feburary/march 2012 Counter volume 5 • number 1 COVER STORY: is the u.n.
    [Show full text]
  • The Danish Cartoons and Modern Iconoclasm in the Cosmopolitan Muslim Diaspora Jytte Klausen
    Harvard Middle Eastern and Islamic Review 8 (2009), 86–118 The Danish Cartoons and Modern Iconoclasm in the Cosmopolitan Muslim Diaspora Jytte Klausen Twelve caricatures or cartoons of the Prophet Muhammad were pub- lished in Jyllands-Posten, a Danish newspaper, on September 30, 2005. Two weeks later, the Danish prime minister, Anders Fogh Rasmussen, was presented with two letters. One was a letter of complaint from a group of ambassadors representing eleven Islamic countries in Den- mark. A nearly identical letter arrived from the Organization of the Is- lamic Conference (OIC), an intergovernmental organization of ªfty- seven Muslim countries, which coordinated the diplomatic protests against the cartoons. Coinciding with the arrival of the letters, three thousand Danish Muslims demonstrated in Copenhagen, demanding an apology from the newspaper for insulting Muslims by printing images of the Prophet. Four months later, violent demonstrations were held from Nepal to Nigeria. The cartoons commanded global attention. Nearly 80 percent of the individuals included in a thirteen-country public-opinion survey con- ducted by the Pew Global Attitudes Project in 2006 had heard about the cartoons, a number that rose to 90 percent in Jordan and Egypt and in the four European countries surveyed. The survey also showed an over- whelming inclination to attribute fault to the other side. Muslims thought that Western arrogance was at fault; non-Muslim Westerners thought that Muslims were at fault.1 The cartoons are still available on many Internet sites.2 During the conºict, writers in the Western press often argued that Muslims are pious iconoclasts who have their own religious and politi- cal reasons for wanting to restrict non-Muslims’ use of images.
    [Show full text]
  • CONTEMPORARY HISTORY and INTERNATIONAL RELATIONS (45 Contact Hours)
    Course FS-08 THE ARAB WORLD TODAY: CONTEMPORARY HISTORY AND INTERNATIONAL RELATIONS (45 contact hours) Prof. Dr. Ana Torres García ([email protected]) Substitute Lecturer: Gracia López Anguita ([email protected]) Objective-Course description This course will introduce the student to the contemporary history of the Arab world and its international relations during the 20th and 21st centuries. It will describe the major events in the history of Eastern (Mashreq) and Western (Maghreb) Arab states during this period and the development of their relations with Europe and the United States. Special attention will be given to Spanish relations with the Maghreb, particularly with Morocco. Methodology Classes will be lectured, but student active participation will be encouraged through the discussion of assigned readings, screening of films and student presentations. Program 1. Who are the Arabs? What is Islam? The geography of the Arab world. 2. The legacy of the First World War and European colonialism in the Mashreq. The rise of the Arab Nation-States. The origins of the Arab-Israeli conflict. 3. The Cold War and Arab nationalism. The Suez crisis. 4. The legacy of European colonialism in the Maghreb (I). The Western Sahara conflict and intermaghrebi relations. 5. The legacy of European colonialism in the Maghreb (II). Spanish and French relations with the Maghreb. The Algerian crisis. 6. The development of United States policy toward the Arab-Israeli conflict (I). From the establishment of the state of Israel to the Gulf War. 7. The development of United States policy toward the Arab-Israeli conflict (II). From the Gulf War to the Peace Process.
    [Show full text]
  • Why They Hate Us: Cinematic Visions of “The Other Side”
    WHY THEY HATE US: CINEMATIC VISIONS OF “THE OTHER SIDE” • • • O wad some Power the giftie gie us To see oursels as ithers see us! – Robert Burns, “To a Louse” (1786) Adam Rose Tel: Email: Description Since September 11, one of the pressing questions of our time has been: why do “they” (Arabs? Muslims? Terrorists?) hate “us” (America? The West? Infidels?). Is it because they hate our freedoms? Or because they want to share our freedoms and hate our policies? Or something else? Through a careful consideration of 6 films (some made by “us”, some made by “them”) supplemented by selected readings (including al Qaeda communiqués), we will seek, in Robert Burns’s words, “to see oursels as ithers see us”. Readings 1. Chomsky, Noam. Hegemony or Survival: America’s Quest for Global Dominance. (Holt, 2004). ISBN: 0805076883. 2. Ibrahim, Raymond (ed. & trans.). The Al Qaeda Reader. (Broadway, 2007). ISBN: 9780767922623. Films 1. Where in the World is Osama bin Laden? Dir. Morgan Spurlock. 2008. (93 min.) 2. Battle of Algiers. Dir. Gillo Pontecorvo. 1966. (121 min.) 3. Lion of the Desert. Dir. Moustapha Akkad. 1981. (173 min.) 4. Paradise Now. Dir. Hany Abu-Assad. 2005. (90 min.) 5. Syriana. Dir. Stephen Gaghan. 2005. (126 min.) 6. Redacted. Dir. Brian De Palma. 2007 (90 min.) Schedule Wk Film Readings 1 Where in the World is Osama bin Laden? (2008) Spurlock, 93 min 2 Battle of Algiers (1966) Chomsky Pontecorvo, 121 min • 1: Priorities and Prospects • 2: Imperial Grand Strategy Ibrahim • [Prefatory Material] 3 Lion of the Desert (1981) Chomsky Akkad,
    [Show full text]
  • The Second World War, Imperial and Colonial Nostalgia: the North Africa Campaign and Battlefields of Memory
    Preprints (www.preprints.org) | NOT PEER-REVIEWED | Posted: 14 September 2018 doi:10.20944/preprints201809.0263.v1 Peer-reviewed version available at Humanities 2018, 7, 113; doi:10.3390/h7040113 Article The Second World War, imperial and colonial nostalgia: The North Africa Campaign and battlefields of memory Eva Kingsepp 1* 1 Karlstad University; [email protected] * Correspondence: [email protected] Abstract: The article addresses the function of (post)colonial nostalgia in a context of multidirectional memory (Rothberg 2009) in contemporary Europe. How can different cultural memories of the Second Word War be put into respectful dialogue with each other? The text is based on a contrapuntal reading (Said 1994) of British and Egyptian popular narratives, using a qualitative content analysis of 10 British tv documentary films about the North Africa Campaign, and data from qualitative interviews collected during ethnographic fieldwork in Alexandria and Cairo, Egypt, during visits 2013--2015. The study highlights considerable differences between the British and Egyptian narratives, but also significant similarities regarding the use and function of nostalgia. In addition, the Egyptian narrative expresses a profound cosmopolitan nostalgia and a longing for what is regarded as Egypt’s lost, modern Golden Age, identified as the decades before the nation’s fundamental change from western-oriented monarchy to Nasser’s Arab nationalist military state. The common elements between the two national narratives indicate a possibly fruitful way to open up for a shared popular memory culture about the war years, including postcolonial aspects. Keywords: Second World War; North Africa Campaign; Egypt; Cosmopolitanism; Imperial nostalgia; Colonial nostalgia; Collective memory 1.
    [Show full text]
  • Siegel V. HSBC North America Holdings, Inc., 933 F.3D 217 (2019)
    Siegel v. HSBC North America Holdings, Inc., 933 F.3d 217 (2019) 933 F.3d 217 Affirmed. United States Court of Appeals, Second Circuit. Procedural Posture(s): On Appeal; Motion to Dismiss for Jeffrey SIEGEL, Administrator of the Estate of Failure to State a Claim. Moustapha Akkad, Deceased, and Moustapha Akkad’s Heirs, Sooha Akkad, Individually, Susan Gitelson, Special Administrator of West Headnotes (7) the Estate of Rima Akkad Monla, Deceased, and Rima Akkad Monla’s Heirs, Ziad Monla, [1] Federal Civil Procedure and Michael Butler, Plaintiffs-Appellants, Matters considered in general v. For purposes of a motion to dismiss for failure to HSBC NORTH AMERICA HOLDINGS, state a claim, the complaint includes any written INC., and HSBC Bank USA, N.A., instrument attached to it as an exhibit or any HBUS, Defendants-Appellees. 1 statements or documents incorporated in it by reference. Fed. R. Civ. P. 12(b)(6). Docket No. 18-2540-cv | Cases that cite this headnote August Term, 2018 | [2] Federal Courts Argued: March 5, 2019 Pleading | Federal Courts Decided: August 8, 2019 Dismissal for failure to state a claim Synopsis The Court of Appeals reviews de novo a district Background: Victims, or representatives of victims, of court’s dismissal of a complaint for failure to foreign terrorist attacks brought action under the Justice state a claim, accepting all of the complaint’s Against Sponsors of Terrorism Act (JUSTA) against United factual allegations as true and drawing all States financial institutions, alleging that they aided and reasonable inferences in the plaintiffs’ favor. abetted terrorists by providing banking services to Saudi Fed.
    [Show full text]
  • Arab-Americans and Muslim-Americans Then and Now: From
    Arab-Americans and Muslim-Americans Then and Now: From Immigration and Assimilation to Political Activism and Education by Monica Mona Eraqi A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Education (Curriculum and Practice) in the University of Michigan - Dearborn 2014 Doctoral Committee: Associate Professor Julie Ann Taylor, Chair Associate Professor Christopher Burke Assistant Professor Maiyoua Vang ACKNOWLEDGEMENTS In the Name of God, the Most Compassionate, the Most Merciful I am extremely grateful to the many people that influenced my life, inspired me to pursue a doctorate, and have contributed to my success throughout this long journey. First, I would like to express my deepest appreciation to my committee chair, Dr. Julie Ann Taylor. Dr. Taylor's vision and critical analysis have helped to shape my research, which have taken my studies to new heights I had not previously considered. Her passion for the social studies and Arab-American and Muslim-American studies help me remember the true purpose of studying and teaching history. I would also like to thank my committee member Dr. Maiyoua Vang. Dr. Vang is a true multiculturalist and her determination and ambition were a constant reminder and motivation as to why multicultural education is vital to student learning. At times, Dr. Vang could read my mind and provide me with the inspiration and direction for my dissertation. It was refreshing to be around those who care as deeply as I do about education. I one day hope to be as inspirational as both of these women. Additionally, I would like to thank Dr.
    [Show full text]
  • Misrepresentation of Islam in Islamic Films: Analysis of Key Incidents of the Message (1977)
    ISSN 2232-0431 / e-ISSN 2504-8422 VOL. 12 (SPECIAL EDITION) DIS 2017: 59-70 UNIVERSITI SAINS ISLAM MALAYSIA Journal of Islamic Social Sciences and Humanities مجلة الثقافة اﻹسﻻمية واﻹنسانية Submission date: 07/09/2017 Accepted date: 7/11/2017 MISREPRESENTATION OF ISLAM IN ISLAMIC FILMS: ANALYSIS OF KEY INCIDENTS OF THE MESSAGE (1977) Kesilapan Gambaran Mengenai Islam dalam Filem Islam: Satu Kajian terhadap The Message (1977) Osama Kanaker, Rosidayu Sabran, Suria Hani bt A. Rahman & Salah Mohamed Zaki Ibrahim1 Universiti Sains Islam Malaysia [email protected] Abstrak Film is a medium that depicts human activities. It visually portrays ideology and culture as well as empowers knowledge and the understanding of civilisation. The most concern is about the misrepresentation of media content, particularly concerning Islam and Muslims in films. The Message (1977, dir. Moustapha al-Akkad) is one of many made-in–Hollywood films that portray Islam and Muslims livelihood in Mecca during the revelation era of Prophet Muhammad (PBUH), and His migration from Mecca to Madinah. This paper intends to focus on how Islam is being represented in this film and how it portrays Prophet Muhammad (PBUH) and his companions. The main question that this paper attempts to answer is: are the actions and incidents of The Message film authentically portrayed? Identification of scenes containing actions and key incidents were done through the lens of content analysis. Based on the analysis of key incidents, findings indicate that the film supports the propaganda against Islam that Islam is a terrorist religion and Muslims are aggressors. Keywords: Islamic films, Islam, media propaganda, media representation.
    [Show full text]