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Financers of Terrorism
Burnett et al. v. al Baraka et al. is still, after three years, in what is called the Rule 12 stage, where Motley has to convince the judge that he has established "causes of action" against the defendants in order to warrant moving forward. The suit has been transferred to the Southern District of New York, where it is being heard by a federal judge named Richard Conway Casey, who is completely blind. Casey has the tens of thousands of pages of documentation read to him by a clerk, or via a special computer program. Casey and an earlier judge dismissed some of the 200 defendants -- among them, al Baraka, as well as two Saudi princes protected from claims by their official connection to a foreign government. Casey still must decide if the remaining defendants -- Islamic charities, banks and individuals -- are liable to be sued for damages. Motley and his colleagues are guardedly optimistic, and have wagered a great deal of time, energy and money that the judge will find in their favor.While the result of the lawsuit is in question, what is not in question is the fact that Al Qaeda, and groups like it, need large sums of money to keep operating. Like all Muslims, members of the Wahhabi sect of Islam, prevalent in Saudi Arabia, are urged to perform zakat, a kind of tithing. Osama bin Laden's Wahhabi notion of zakat, a perversion of this tenet, encourages donations not to hungry children in the slums of Riyadh, but to organizations bent on killing "infidels," all infidels -- non-Wahhabi Muslims as well as Americans and other Westerners. Documents unearthed by Motley's investigators show that bin Laden estimated the annual operating costs of Al Qaeda at $30 million. From all indications, this money is funneled to the terrorist organization through a complex array of sham corporations, banks and charities all over the world. Motley's investigators must trace the hidden channels through which funds travel from wealthy militants into the pockets of killers.
The Burnetts are confident that Motley will be able to accomplish the task. Says Beverly Burnett, "In my mind, there is no one else -- no one -- who would have stuck with the case this long."
In addition to the tobacco settlements, Motley and his firm have made millions from lawsuits involving asbestos, breast implants and the Dalkon Shield. Much of this success can be traced to the 61-year-old Motley himself, whom associates credit with having a near-photographic memory and a fierce tenacity. "He is the most brilliant person I've ever come across," says Flowers. "He has a big ego, too, but he's got a really big heart."
True, but Motley's Southern drawl and courtly manner mask the instincts of a bulldog. He once brought into court a squirt gun shaped like a swiveling finger to underscore his argument that his opponents were trying to point the finger at everyone but themselves. Another time he held a pair of military boots up to a jury and said, "We're going to fight for my client the way our men and women in uniform fight for our freedom." Though Motley declines to discuss it, since deciding to take on the Burnett lawsuit, his associates say he has spent approximately $15 million of his own money to set up a worldwide investigative team.
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