INTRODUCTION TO IRAQ WAR FUND CASES
From 2003 to 2011 Iran has been responsible for the majority of US casualties in Iraq. Following the decade long Iran/Iraq war Iran flooded their neighbor with cash, rockets and weapons technology. These proxy groups including both Sunni and Shia militias have allowed Iran to carry on a proxy war against the West and its Allies.
Iran supplied Shia militias in Iraq with the technology and materials to manufacture EFP’s of Explosively Formed Projectiles, the most lethal type of roadside bomb responsible for the death and mutilation of thousands of American Soldiers.
Only the US withdrawal from the region in 2011 slowed down the death count. Iran remains to this day the key destabilizing influence in the Middle East. Anti-Western, violent reprisal, doctrine remains the central focus of the Iranian regime.
Iran did not act alone, they were aided by a group of international banks that funneled money to Iran over a ten year period in stark violation of international sanctions that prohibited such transactions.
These banks included:
BNP Paribas S.A.
Credit Suisse A.G.
HSBC Holdings Group Plc.
Standard Chartered Bank Plc.
Several banks have already admitted entering into criminal conspiracies with the Iranian Government and supplying them with billions of dollars that were used directly to fund the killing and wounding of Americans. These banks supplied and laundered hundreds of millions of dollars to Iran in violation of International law and are now being held accountable. Several of these banks have paid fines in the billion dollar range and more money is forthcoming. These fines have been deposited and ear marked for victims of state sponsored terrorism including victims of 9/11 and soldiers injured in Iraq and their families. Recent changes to the fund have allocated 50% of the fund to 9/11 victims and 50% to Other Victims including US soldiers killed or injured in Iraq.
FOREIGN SOVEREIGN IMMUNITIES ACT
JUSTICE FOR US VICTIMS OF STATE SPONSORED TERRORISM ACT
This is the framework under which the recovery fund was established. It is set up to pay the Judgements of injured parties on an annual basis until the Judgements are satisfied in full or until the Fund ceases in 2030, unless further extended by Congress. To file a claim under the fund you must be a US Citizen, Active or Retired military, National Guard or Reserve or a family member of said person that was killed or injured in Iraq between 2003 and 2011 in an area where Iranian influence was present (Central and Southern Iraq). This requires obtaining a final judgement from a Federal District Court in the United States.
The process is fairly straight forward but requires the victim to bring a law suit against the Islamic Republic of Iran. They usually do not defend these actions and the cases proceed by default. It is required that the victim have expert testimony in the record as to Iranian influence in the area the victim was injured as well as expert testimony as the extent and impact of injuries to both the soldier and their family. These case are usually significant in amount of recovery but require the guidance of a law firm experienced in this type of international litigation as there are procedural pitfalls for the unwary.
Over 200 claimants have already been paid by the Fund in varying amounts up to over $2 Million dollars. Attorney’s fees for using the fund are capped at 25%. There also is the opportunity to seize Iranian in satisfaction of the Judgement and this has been successful for a limited group of claimants. The bottom line is the money is there. The problem is there is very little public awareness of the rights of Soldiers and their families to recover for their losses.
Ask us for copies of Complaints in cases that have already been filed, and for Reports of the Director of the Terrorism Fund and some resources for additional research on the subject.