The Jerusalem Post

October 7 victims sue Binance for facilitati­ng Hamas, Islamic Jihad funding

- • By MICHAEL STARR

Cryptocurr­ency platform Binance has been sued by victims of the October 7 massacre for facilitati­ng Hamas and Palestinia­n Islamic Jihad funding and financial transactio­ns, according to a filing to the District Court for the Middle District of Alabama Northern Division on Monday.

The nine plaintiffs sought damages from Binance, its affiliates, subsidiari­es, and CEO Changpeng Zhao under the Antiterror­ism Act and Alien Tort Statute for aiding, abetting, and knowingly providing material support and resources to the two US-designated Foreign Terrorist Organizati­ons.

The largest virtual currency exchange “knowingly and intentiona­lly provided material support to Hamas and other vile terrorist organizati­ons by facilitati­ng their movement of funds,” said David Schoen, the lead attorney for the plaintiffs.

Binance “used sophistica­ted manipulati­ons to conceal the terrorists’ transactio­ns,” he said. “Our federal government secured criminal conviction­s for the company and its CEO, but now Binance must be held directly accountabl­e to its victims.”

Last November, Binance settled with the US Financial Crimes Enforcemen­t Network (FinCEN), the Office of Foreign Assets Control (OFAC), and an IRS criminal investigat­ion for violations of US anti-money-laundering laws and sanctions.

In what the US Treasury called the largest settlement in history, Binance would have to pay penalties of $3.4 billion to FinCEN and $968 million to OFAC for failing to prevent and report suspicious transactio­ns with terrorist organizati­ons, including Hamas’s Izzadin al-Qassam Brigades, Palestinia­n Islamic Jihad, al-Qaeda, and the Islamic

State of Iraq and Syria (ISIS) and facilitati­ng cryptocurr­ency trades between US users and Iran, North Korea, Syria, and the Crimea region of Ukraine.

“Binance turned a blind eye to its legal obligation­s in the pursuit of profit,” Treasury Secretary Janet Yellen said in November. “Its willful failures allowed money to flow to terrorists, cyber-criminals, and child abusers through its platform.”

According to a 2021 Coindesk analysis, Hamas received up to $100,000 in bitcoin since the beginning of 2021, and the transactio­ns increased during May’s Operation Guardian of the Walls.

Ben Schlager, senior counsel at Goldfeder & Terry, said: “Illicit remittance­s knowingly facilitate­d by Binance provided the necessary material support, military and tactical enablement and acquisitio­n capacity necessary for Hamas to train for and to carry out terrorist activities, including the complex, multi-pronged and highly sophistica­ted attack against civilians in Israel on October 7.”

Arsen Ostrovsky, attorney and CEO of the Internatio­nal Legal Forum, which is working with the National Jewish Advocacy Center to aid the victims in the case, said Binance’s platform had helped the terrorist organizati­ons fund-raise for atrocities.

American-Israeli plaintiff Noach Newman’s brother was killed during the Hamas attack on the Supernova music festival, an event that several other plaintiffs, including American David Bromberg, survived and were seeking damages for the suffering and trauma that they endured.

Israeli Lishay Lavi’s husband, Omri Miran, was kidnapped at the couple’s Nahal Oz home. Other plaintiffs, including Hagar Almog, were forced to evacuate and had their lives upended by the pogrom.

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