US Judge Denies TRO Motion in Civil Case Lankan victims of LTTE terror suing TRO-USA, Raj Rajaratnam
(UPDATE: SL-USA) - July 17 - The New Jersey US District Court has denied yet another attempt by the Tamil Rehabilitation Organization (TRO) to squash a civil case for damages brought by Sri Lankan victims of LTTE terror who accuse the group and the disgraced former CEO of the Galleon Group Raj Rajaratnam of aiding and abetting crimes against humanity.
The TRO-USA was attempting to reverse a previous ruling by the same court that denied its motion to dismiss the one remaining count against it in KRISHANTHI et al V. RAJARATNAM et al Judge Dennis M. Cavanaugh in his June 30 ruling said the court was not swayed by the motion which sought to dismiss a previous ruling that the TRO-USA is liable, under the Alien Tort Statute (ATS), for the deaths and injuries caused by five specific bombings by the Liberation Tigers of Tamil Eelam that occurred in Sri Lanka 2007-2008. The complaint holds the group directly responsible because it functioned as a 'front group' for the collection of funds for the LTTE. In denying the motion the court considered whether a corporation could be sued under the ATS and found that corporate liability does in fact exist.
The lawsuit which was filed in October 2009 by a group of 30 Sri Lankans directly or on behalf of deceased relatives under the Alien Tort Claims Act in federal court seeks unspecified damages from the TRO-USA, Raj Rajaratnam, his private charitable foundation, and his father J.M. (Jesuthasan) Rajaratnam for “aiding and abetting, intentionally facilitating and/or disregarding crimes against humanity in violation of international law.”
Raj gave $1m to LTTE after Elephant Pass Attack
Raj Rajaratnam (AP Photo)
Rajaratnam and J.M.’s Contributions to LTTE through TRO (Source:Court Complaint)
Responding to LTTE’s calls in anticipation of the “final war,” Rajaratnam personally gave $1,000,000.00 to the TRO branch in the United States (“TROUS”) in June 2004.
In 2000, Rajaratnam contributed $1,000,000.00 following the LTTE’s successful “Elephant Pass” attack.
Rajaratnam’s contributions were also made through a family charitable foundation. The Rajaratnam family formed the Rajaratnam Family Foundation (“the Foundation”) sometime in 2000 or 2001. According to tax records, directors of the New Jersey based Foundation included defendant J. M. Rajaratnam, and defendant Raj Rajaratnam, among others. Raj Rajaratnam has acted as treasurer of the Foundation since at least 2000. His father, J. M. Rajaratnam has acted as president of the Foundation since at least 2000. Beginning in 2001, the Foundation made regular, and in some instances large, contributions to the TRO through its U. S. and Sri Lankan branches. In 2001, the Foundation provided $12,500.00 to TRO-US. The TRO contribution was the only reported distribution from the Foundation for that year.
In 2002, the Foundation contributed $16,000.00 to TRO-US. Again, the TRO contribution was the only reported distribution from the Foundation for that year.
TRO-US largest contributor “The TRO Sri Lanka has received almost 10 million U.S. dollars in foreign currency remittances from the USA during the period January 2003 to March 2006 through the commercial banks in Sri Lanka. This represents the largest component of foreign currency remittances received by the TRO accounting for 41 percent. The TRO-USA is the largest contributor to the TRO Sri Lanka. In August alone of this year, a total of U.S. 556,000 or LKR 60 million, was remitted by the TRO USA to the TRO and various affiliated organizations in North and East. These funds have been received from TRO office registered in Cumberland in State of Maryland in the U.S.A. which is the entity that is presently being investigated by the U.S. authorities with regard to arms purchases for LTTE”. -- US State Dept.
Raj Rajaratnam, founder of Galleon Group was found guilty May 11 by a jury in a New York federal court New York of conspiracy and securities fraud. He was accused of making $60 million in illegal profits on trades he made using non-public information. He is expected to go before a judge for sentencing on September 29 and could be handed a sentence of up to 20 years in prison.
But the billionaire’s downturn in fortune will not impact the terrorism case said an attorney for the plaintiffs.
“Raj Rajaratnam still has significant net worth, quite sufficient to meet the demands of the victims in this case,” says Michael Elsner, attorney of the law firm of Motley Rice who spoke by phone from his office in South Carolina. Motley Rice is representing all the plaintiffs - total of thirty victims and survivors of several LTTE suicide bombings and terrorist attacks. The firm has successfully represented victims of high-profile terrorist attacks such as 9/11 and the Pan Am bombing, going after the alleged financiers and material supporters of terrorist groups involved.
Rajaratnam’s links to TRO and the Tamil Tigers emerged during a probe into the latter’s fundraising in the U.S.but he was not accused of any wrongdoing in that case, which netted eight guilty pleas. Rajaratnam claims he did not know that TRO was sending money to the Tamil Tigers, and that his donations were to assist in rebuilding efforts after the 2004 tsunami.
So far, the case has been a slow tango of predictable legal motions, starting with the defense’s motion to dismiss the entire lawsuit. The court ruled on the motion in August 2010, dismissing 5 of the charges while retaining the charge of aiding and abetting and intentionally facilitating and recklessly disregarding crimes against humanity. The court also did not dismiss the claim for intentional infliction of emotional distress. Both sides have countered with motions for reconsideration of the ruling.
At the same time, the TRO is fighting a court order that compels it to provide internal documents to the plaintiffs. New York attorneys Stuart W. White and Joshua L. Dratel who are representing the TRO filed a motion April 11 challenging an order issued in March by US Magistrate Judge Joseph A. Dickson ordering the TRO to seek a license from the US Treasury Department that will allow it to obtain access to seized documents. The Treasury Department designated the TRO, the fundraising arm of the LTTE, a global terrorist organization on November 15, 2007, shutting down its operations in the US. Responding to jurisdictional discovery served by plaintiffs' attorneys in September last year, the TRO objected stating that it does not have any documents in its possession because they were seized by the US government.
In addition to claiming it does not have any documents, the TRO is also claiming it did not have an office in New Jersey. This would come as a surprise to Sri Lankans familiar with TRO activity in that state. In 2008, New Jersey resident Ramanathan Ranjan who was involved in the Hillary Clinton fundraising fiasco openly admitted he was the TRO’s ‘state coordinator.’ An embarrassed Clinton returned $2300 contributed by Ranjan and her campaign apparently severed connections with him. Ranjan organized “LTTE Heroes Day” in 2006, an event where attendees praised and eulogized LTTE terrorists, hoisted the LTTE flag, and sang the LTTE anthem.
(Copyright UPDATE: SL-USA)
LTTE terrorist bombings cited in lawsuit
Fort Railway Station Bombing
November 28, 2007 “No Limit” Clothing Store - Parcel Bomb, Nugegoda, Sri Lanka The blast killed at least 17 people and injured more than 30 people. Some of the victims were waiting outside the store at a crowed bus stop. The No Limit department store and the adjacent building were damaged in the explosion and secondary fire sparked by the bomb. April 6, 2008 Kanthi Stadium Suicide Bombing, Weliweriya Early Sunday morning, April 6, 2008, a LTTE suicide bomber attacked the Sri Lankan Minister of Transportation Jeyaraj Fernandopulle as he prepared to give the starting signal for a marathon race at Kanthi Stadium at Weliweriya, Sri Lanka.The attack killed 15 people and injured 80 people. Among those killed were the Minister, several prominent Sri Lankan sports figures, athletes and spectators. February 3, 2008 Fort Railway Station Suicide Bombing Colombo On Sunday February 3, 2008, at approximately 2:00 in the afternoon, an LTTE female suicide bomber attacked passengers waiting for trains at the Fort Railway station in Colombo. The LTTE bomber killed 15 people, including several school boys injured 105 individuals, 20 seriously. February 23, 2008 Bus Bombing at Mount Lavinia On Saturday, February 23, 2008, an LTTE operative left a bomb hidden beneath seats in the middle of the #5665 bus. Passengers and the driver became suspicious about the bag and as the driver called the police the bomb exploded, injuring 18 by-standers and damaging several nearby shops including a grocery shop. The bus was completely destroyed. April 25, 2008 Piliyandala Bus Stop Bombing On Friday, April 25, 2008, an LTTE operative planted a remote controlled bomb aboard a crowded commuter bus carrying passengers from the Piliyanda bus terminal to the suburb destination of Kahapola. 28 people were killed and more than 70 injured. The LTTE operative responsible for the bombing, known by the alias Vasanthan, was arrested by Sri Lankan police. In his confession, Vasanthan admitted he was directed by LTTE to conduct the bombing. He was aided in the attack by LTTE operative Devendra Sinnaiah. Vasanthan enlisted in the LTTE in 2000 and received two years of training.