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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

XXX, on behalf of himself and as a representative of the ESTATE OF SAADO ALI WARSAME,

Plaintiff,

v.

DAHABSHIIL TRANSFER SERVICES LTD., DAHABSHIL, INC., DAHAB-SHIL, INC. and DAHABSHIIL PVT.

Defendants.

Civil Action No.:

COMPLAINT
JURY TRIAL DEMANDED

Plaintiff  XXX ("Plaintiff”), by and through his attorneys, allege the following against Defendants Dahabshiil Transfer Services Ltd., Dahabshil, Inc., Dahab-shil, Inc. and Dahabshiil PVT (collectively "Defendants” or "Dahabshiil”):

NATURE OF THE ACTION

1. This is a lawsuit against an international money transfer company, Dahabshiil, that provided financial support to al-Shabaab, a designated Foreign Terrorist Organization, and to the al-Shabaab operatives who assassinated Saado Ali Warsame.

Saado Ali Warsame

2. Saado Ali Warsame was born in Somalia in 1950. By the time she was a teenager, Ms. Warsame had become famous throughout Somalia for her singing and especially her songs about human rights and social justice. She stood up to tyranny, corruption, injustice and nepotism during Siad Barre’s military regime with songs and poetry. Her famous song "Land Cruiser,” which ridiculed the military junta for exchanging donations of corn for expensive cars, led to Ms. Warsame’s arrest and is largely credited for taking down the Barre regime. She was one of the few Somali female musicians to go on stage without covering her

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head and she sometimes wore pants, which is unusual for women in Somalia.
3. In the early 1990s, when Somalia devolved into civil war, Ms. Warsame moved to

the United States. She lived in New York, where her son Harbi was born, and then moved to Minneapolis. She returned to her homeland of Somalia in 2012 to run for office, and was elected to the Somali Federal Parliament, representing northeastern Puntland.

4. Dahabshiil has for some time been closely associated with al-Shabaab, and it is a longtime financial supporter of the group and its terrorist activities. For example, according to a United Nations report, Dahabshiil financed "a large scale assassination operation” in Mogadishu by the Amniyat, al-Shabaab’s elite intelligence unit, which involved a "wave of assassinations of national intelligence officers and members of the Federal parliament.”1

5. One of Ms. Warsame’s better known songs was a protest against Dahabshiil and its support of al-Shabaab. The song, called "Dhiigshiil ha dhigan,” contains a play on words. The name of the defendant, "Dahabshiil,” means "gold smelter.” Ms. Warsame changed this to "Dhiigshiil,” which means "blood smelter.” The translation of the title is "Don’t Do Business With The Blood Smelter.” The lyrics she sang include these:

They call him "Blood Smelter” to manipulate the public
He has lot of money to make sure Mogadishu will never be at peace He is the enemy of Somalia
Somalis, do not deposit your money to his banks
He is real tribalism; he is destroying our land
The money he is making from us will kill our children
Somalis, do not deposit your money to his banks

1 Report of the Monitoring Group on Somalia and Eritrea pursuant to Security Council resolution 2060 (2012): Somalia, available at: http://repository.un.org/bitstream/handle/11176/ 24077/S_2013_413-EN.pdf (last checked December 1, 2015).

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The music video for this song includes images of Ms. Warsame singing.

It also includes images of protesters holding a sign that reads "Dhiigshiil Stop Genocide,” with a photograph of Ms. Warsame inset on the screen.

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Ms. Warsame’s music video also includes a graphic showing the defendants’ name, "Dahabshiil,” dripping with blood, under an assault rifle, with the word "Dhiigshiil” (blood smelter) underneath.

6. In response to her song, "Don’t Do Business With The Blood Smelter,” Dahabshiil placed a multi-million dollar bounty on Ms. Warsame’s life.

7. On July 23, 2014, during the holy month of Ramadan, Ms. Warsame was murdered by two al-Shabaab operatives. She was being driven to her hotel in Mogadishu’s Hodan district when two gunmen pulled up to her car in a drive-by attack and opened fire. Ms. Warsame and her driver were both killed.

8. Abdulaziz Abu Musab, the spokesman for al-Shabaab’s military operations, claimed responsibility for the assassination of Ms. Warsame on behalf of al-Shabaab. Two al- Shabaab operatives – Shu’ayb Ibrahim Mahdi, 27 and Farah Ali Abdi, 30 – were convicted of killing Ms. Warsame by a Somali court. They were sentenced to death and executed in May 2015.

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Shu’ayb Ibrahim Mahdi and Farah Ali Abdi, the al-Shabaab Operatives Who Killed Saado Ali Warsame

9. Ms. Warsame’s son, is a citizen of the United States domiciled in the State of Minnesota. He brings this lawsuit on behalf of himself and as a representative of the estate of his mother Saado Ali Warsame, also a U.S. citizen. The murder of his mother by international terrorists has caused him severe mental anguish, extreme emotional pain and suffering, and the loss of his mother’s society, companionship, comfort, advice and counsel. He alleges that Dahabshiil’s provision of material support to al-Shabaab, a designated Foreign Terrorist Organization, constitutes an act of international terrorism in violation of 18 U.S.C.
§§ 2339A-2339C, for which he seeks treble damages under 18 U.S.C. § 2333(a).

PARTIES

10. Plaintiff XXX is a citizen of the United States domiciled in the State of Minnesota. He brings this lawsuit on behalf of himself and as a representative of the estate of his mother Saado Ali Warsame, also a U.S. citizen.

11. Upon information and belief, Dahabshiil Transfer Services Ltd. is a funds transfer 5

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company organized under the laws of the United Kingdom and headquartered in London, UK. 12. Upon information and belief, Dahabshil, Inc. is a funds transfer company

incorporated in the State of Georgia and headquartered in Columbus, Ohio. At all times relevant to this Complaint, Dahabshil, Inc. was controlled by and acted as the agent of Dahabshiil Transfer Services Ltd.

13. Upon information and belief, Dahab-shil Inc. is a funds transfer company incorporated in the State of Minnesota and headquartered in Minneapolis, Minnesota. At all times relevant to this Complaint, Dahab-shil, Inc. was controlled by and acted as the agent of Dahabshiil Transfer Services Ltd.

14. Upon information and belief, Dahabshiil PVT is a funds transfer company organized under the laws of Somalia and headquartered in Hargeisa, Somalia. At all times relevant to this Complaint, Dahabshiil PVT was controlled by and acted as the agent of Dahabshiil Transfer Services Ltd.

JURISDICTION AND VENUE

15. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
§ 1331 and 18 U.S.C. § 2333(a) as a civil action brought by a citizen of the United States injured by reason of an act of international terrorism and the estate, survivor, or heir of a United States citizen injured by reason of an act of international terrorism.

16. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claims in this action occurred in this district and Defendants are subject to personal jurisdiction in this district.

17. Defendants are subject to personal jurisdiction pursuant to CPLR § 302. Dahabshiil repeatedly, regularly and deliberately transacted business in New York through a

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I.

correspondent bank account that it used to transfer funds to al-Shabaab. Plaintiff’s claims arise from these transactions. This course of dealing shows a purposeful availment of New York’s dependable and transparent banking system and the predictable jurisdictional and commercial law of New York.

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26. On or about November 20, 2008, the U.S. Department of State also designated Godane as a Specially Designated Global Terrorist. The designation includes the following names: Aw-Mohamed, Ahmed Abdi; Abuzubair, Muktar Abdulrahim; Aw Mohammed, Ahmed Abdi; "Abu Zubeyr”; "Godane”; "Godani”; "Shaykh Mukhtar.” This designation was in effect through Godane’s death on September 1, 2014 when he was killed in a U.S. military targeted airstrike.

27. In 2009, following the withdrawal of Ethiopian troops from Somalia, al-Shabaab revealed an even more ambitious and extremist agenda. Godane issued a video in which he publicly pledged allegiance to Osama bin Laden, and later released a statement that al-Shabaab had "agreed to join the international jihad of al-Qaeda.” Al-Qaeda’s leader Ayman al-Zawahiri also released a video statement confirming an affiliation with al-Shabaab.

Ayman al-Zawahiri Announcing al-Qaeda’s Affiliation with al-Shabaab

28. Throughout its existence, financing has been critical to al-Shabaab’s survival. Money has been the lifeblood that has allowed al-Shabaab, in the face of significant military pressure, not just to survive but to mount sophisticated and devastating attacks. This critical financing would not have been possible without Dahabshiil.

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II.

Dahabshiil Supports Terrorists

29. With more than 24,000 branches operating in 126 countries, Dahabshiil is the largest money transfer business in Africa. $1.6 billion is transferred to Somalia each year, and the majority of it passes through Dahabshiil.

30. In Somalia, Dahabshiil operates at least 260 branches. Many of these branches operate in areas where al-Shabaab has maintained complete control at some point over the last ten years.

31. In the capital, Mogadishu, which was controlled by al-Shabaab from 2010 to 2011, Dahabshiil operates 32 branches.

A Dahabshiil Branch in Downtown Mogadishu

32. In the important port city of Kismayo, which was controlled by al-Shabaab from 2008 to 2012, Dahabshiil operates seven branches.

33. In the city of Baidoa, which was controlled by al-Shabaab from 2008 to 2012, Dahabshiil operates 10 branches.

34. In Bardere, which was controlled by al-Shabaab from 2008 until July 2015, 11

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Dahabshiil operates three branches.

al-Shabaab Militants in Badere

35. Dahabshiil’s global operations and policies are dictated by Dahabshiil Transfer Services Ltd. in London where Dahabshiil CEO Abdirashid Duale has his office. All of the separately incorporated Dahabshiil entities, including Dahabshil, Inc., Dahab-shil, Inc. and Dahabshiil PVT, are controlled by and act as the agents of Dahabshiil Transfer Services Ltd. Upon information and belief, all internal training materials for all Dahabshiil branches worldwide originate from Dahabshiil Transfer Services Ltd. Upon information and belief, Dahabshiil Transfer Services Ltd. controls the IT system used by all branches of Dahabshiil worldwide.

A. Dahabshiil’s Support for al-Qaeda

36. Dahabshiil has long supported prominent terrorist groups around the globe.

37. On September 1, 2008, the U.S. Department of Defense released a Detainee

Assessment regarding Guantanamo Bay prisoner Mohammed Soliman Barre. According to the Assessment, in August 1998, Barre’s "distant relative Muhammad Mussa” asked him to establish a branch office in Karachi for the Somalia-based company Dahabshiil.” Barre "accepted the

offer and was given $10,000 US from the Dubai, United Arab Emirates (AE) office of 12

COUNT III

CIVIL LIABILITY UNDER 18 U.S.C. § 2333(a) AGAINST ALL DEFENDANTS FOR VIOLATIONS OF 18 U.S.C. § 2339C CONSTITUTING ACTS OF INTERNATIONAL TERRORISM

75. Plaintiff repeats and re-alleges each and every allegation of the foregoing paragraphs as if fully set forth herein.

76. Defendants provided and/or collected funds for al-Shabaab with the intention or knowledge that such funds were to be used in full or in part to carry out an act intended to cause death or serious bodily injury to a civilian so as to intimidate a population or to compel a government organization to do or to abstain from doing any act.

77. Defendants’ provision and/or collection of funds for al-Shabaab was a proximate cause of the injury inflicted on Plaintiff.

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78. By virtue of their violations of 18 U.S.C. § 2339C, Defendants are liable pursuant to 18 U.S.C. § 2333 for any and all damages that Plaintiff has sustained.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that the Court:

1. Accept jurisdiction over this action;

2. Enter judgment against all Defendants and in favor of Plaintiff for compensatory damages in an amount to be determined at trial;

3. Enter judgment against all Defendants and in favor of Plaintiff for treble damages pursuant to 18 U.S.C. § 2333;

4. Enter judgment against all Defendants and in favor of Plaintiff for any and all costs sustained in connection with the prosecution of this action, including attorneys’ fees, pursuant to 18 U.S.C. § 2333;

5. Order any equitable relief to which Plaintiff might be entitled;

6. Enter an Order declaring that all Defendants have violated, and are continuing to violate, the Anti-Terrorism Act, 18 U.S.C. § 2331 et seq.; and

7. Grant such other and further relief as justice requires.

   JURY TRIAL DEMANDED

Plaintiff demands a trial by jury on all issues so triable.

Dated: December 9, 2015

Respectfully submitted,

BURSOR & FISHER, P.A.

By: /s/ Joshua D. ArisohnJoshua D. Arisohn

Scott A. Bursor Joseph I. Marchese Joshua D. Arisohn 888 Seventh Avenue New York, NY 10019 Tel: (646) 837-7150 Fax: (212) 989-9163

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E-Mail: [email protected] [email protected]

[email protected]

Attorneys for Plaintiff

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