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Case 1:06-cv-00734-RBW Document 1 Filed 04/21/2006 Page 1 of 44

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA








Reverend JOSÉ MANUEL VEGA FRANQUI,
Individually and as Administrator of the Estate of
VASTHI ZILA MORALES DE VEGA, deceased

VASTHI NOEMI VEGA MORALES

DAMARIS ESTER VEGA MORALES

ROSA MARIA GUZMAN ROSADO,
Individually and as Administrator of the Estate of
CARMEN ENEIDA GUZMAN ROSADO a/k/a/
CARMEN E. GUZMAN DE PADILLA

CARLOS GUZMAN ROSADO

MARIANO GUZMAN ROSADO

TOMAS GUZMAN ROSADO

ROSA MARIA ROSADO

NOEMI RODRIGUEZ ROBLES,
Individually and as Administrator of the Estate of
ANTONIO RODRIGUEZ MORALES

ANGEL M. RODRIGUEZ ROBLES

RUTH D. RODRIGUEZ ROBLES

ELIEZER RODRIGUEZ ROBLES

MARIA M. RODRIGUEZ ROBLES

VICTOR PADILLA ORTIZ,
Individually and as Administrator of the Estate of
JUAN PADILLA ORTIZ

PEDRO PADILLA ORTIZ

ELIZABETH PADILLA ORTIZ

AIDA PADILLA ORTIZ




Civil Action No: ___________



Judge:________________

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Case 1:06-cv-00734-RBW Document 1 Filed 04/21/2006 Page 2 of 44


LAURA PADILLA ORTIZ

SARAH PADILLA ORTIZ

ZELIDITH PADILLA ORTIZ

NELSON ANDRES PADILLA ORTIZ

EFRAIN BERGANZO CRUZ,
Individually and as Administrator of the Estate of
ANGEL BERGANZO COLON

ISRAEL P. FISCHEL

ROSA VASQUEZ

JESÚS CANTRES MELENDEZ

RUBEN VIVOS RUIZ

Plaintiffs
v.

The SYRIAN ARAB REPUBLIC
Damascus, Syria

ESTATE OF HAFEZ AL-ASSAD, PRESIDENT
Syrian Arab Republic
Damascus, Syria

SYRIAN AIR FORCE INTELLIGENCE
DIRECTORATE (“SAFID”)
Kafar Susa Roundabout
Damascus, Syria

GENERAL MUHAMMED AL KHOULI,
Former Chief
Syrian Air Force Intelligence Directorate
Kafar Susa Roundabout
Damascus, Syria

SYRIAN ARAB AIRLINES D/B/A/ SYRIANAIR
P.O.Box 417
Youssef Al-Azmeh Square
Damascus, Syria





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Case 1:06-cv-00734-RBW Document 1 Filed 04/21/2006 Page 3 of 44




PALESTINE LIBERATION ORGANIZATION
(“PLO”) and its successors-in-interest

POPULAR FRONT FOR THE LIBERATION OF
PALESTINE (“PFLP”)

THE JAPANESE RED ARMY (“JRA”)

GREAT SOCIALIST PEOPLE’S LIBYAN
ARAB JAMAHIRIYA a/k/a LIBYA
Tripoli, Libya

COLONEL MUAMMAR QADHAFI
Supreme Leader of the Great Socialist
People’s Libyan Arab Jamahiriya (“LIBYA”)
Tripoli, Libya

LIBYAN EXTERNAL SECURITY
ORGANIZATION (“ESO”)
a/k/a JAMAHIRIYA SECURITY
ORGANIZATION


and

John Does 1-99








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Defendants





COMPLAINT

Plaintiffs, by counsel, file this complaint against Defendants seeking damages

arising out of the May 30, 1972 terrorist attack at Lod Airport, near Tel Aviv, Israel.1

Plaintiffs Rev. José Vega Franqui, Rosa Maria Guzman Rosado, Noemi Rodriguez

Robles, Victor Padilla Ortiz, and Efrain Berganzo Cruz as individuals and as Executors

for Estates as listed in the caption of this complaint; Plaintiffs Vasthi Noemi Vega

Morales, Damaris Esther Vega Morales, as daughters of decedent Vasthi Zila Morales de

1 Now called Ben Gurion International Airport



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Case 1:06-cv-00734-RBW Document 1 Filed 04/21/2006 Page 4 of 44

Vega; Carlos Guzman Rosado, Mariano Guzman Rosado, Tomas Guzman Rosado, Rosa

Maria Guzman Rosado as siblings of decedent Carmen Eneida Guzman Rosado;

Plaintiffs Angel M. Rodriguez Robles, Eliezer Rodriguez Robles, Ruth D. Rodriguez

Robles, Maria M. Rodriguez Robles, and Noemi Rodriguez Robles, as children of

decedent Antonio Rodriguez Morales; Plaintiffs Victor Padilla Ortiz, Pedro Padilla Ortiz,

Elizabeth Padilla Ortiz, Aida Padilla Ortiz, Laura Padilla Ortiz, Sarah Padilla Ortiz,

Zelideth Padilla Ortiz and Nelson Andres Padilla Ortiz as siblings of decedent Juan

Padilla Ortiz; Efrain Berganzo Cruz as son of decedent Angel Berganzo Colon; Israel P.

Fischel, Rosa Vasquez, José Vega Franqui, Ruben Vivas Ruiz, and Jesús Cantres

Melendez as injured claimants, seek judgment against Syrian Arab Republic, Estate of

Hafez Al-Assad, Syrian Air Force Intelligence Directorate, General Muhammed Al

Khouli, Syrian Arab Airlines, the PLO, the PFLP, the JRA, Libya, Muammar Qadhafi,

the Libyan External Security Organization, and John Does 1-99, jointly and severally,

and in support of the Complaint, Plaintiffs allege:



JURISDICTION AND VENUE

1. This court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. §§ 1330 (a); 1331; and 1332 (a)(2); the Foreign Sovereign Immunities Act 28

U.S.C. §§ 1605(a)(2), (a)(5), (a)(7) and (a)(7) note; 1606; Section 6(j) of the Export

Administration Act of l979 (50 U.S.C. App. § 24005 (j) and Section 602 (a) of the

Foreign Assistance Act of l961 (22 U.S.C. § 2371(b) and 28 U.S.C. § 2333), and l8

U.S.C. § 2388.

2. Pendant jurisdiction arises under the common and statutory laws of Plaintiffs’



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Case 1:06-cv-00734-RBW Document 1 Filed 04/21/2006 Page 5 of 44

domicile, as well as the District of Columbia.

3. All Defendants are subject to suit in U.S. Federal Courts pursuant to the

Foreign Sovereign Immunities Act, (“FSIA”) as amended, 28 U.S.C. § 1605(a)(7), and

related statutes including, but not limited to, 28 U.S.C. § 1605(a)(7) and (a)(7) note,

Section 6(j) of the Export Administration Act of l979 (50 U.S.C. App. § 2405(j) and §

602 (a) of the Foreign Assistance Act which designated both Syria and Libya as state

sponsors of terrorism thereby exempting these sovereigns from immunity as “foreign

states” as that term is defined in 28 U.S.C. § 1608 which they would otherwise enjoy.

4. Actions for wrongful death, loss of consortium, intentional infliction of

emotional distress, personal injury, and related torts committed by foreign state sponsors

of terrorism through their officials, employees, and agents fall within the meaning of 28

U.S.C. § l605 (a)(7) and (a)(7) note, 28 U.S.C. § 1606, and 28 U.S.C.A. § 1605.2

5. Venue is proper in this District Court pursuant to 28 U.S.C. §§ 1391 (d) and

(f)(4).





THE PARTIES

6. Plaintiff, Reverend José’ Vega Franqui, a resident and citizen of Puerto Rico,

is the spouse of decedent-Plaintiff Vasthi N. Vega Morales, who was tortured and who

died as a result of the May 30, 1972 terrorist attack by Defendants at Lod Airport.

Reverend Franqui was also tortured and sustained injuries. At the time of her death,

Vasthi Morales was also a resident and citizen of Puerto Rico. Reverend Franqui

2 Defendants in this matter satisfy the requirements to bring such an action. As agencies or instrumentalities
of a foreign sovereign or non-resident aliens, defendants have been designated foreign state sponsors of
terrorism and the acts complained of are among those described in Section l605(a)(7) of Title 28 of the
U.S.C.



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represents his wife as Executor of his late wife’s estate, in his capacity as her spouse, and

as an individual.

7. Plaintiffs Damaris E. Vega Morales and Vasthi Noemi Vega Morales,

citizens of Puerto Rico, are the daughters of decedent-Plaintiff Vasthi Zila Morales de

Vega. Damaris E. Vega Morales is a resident of the State of Illinois and was, at all

relevant times, a citizen of Puerto Rico. Vasthi Noemi Vega Morales is and was, at all

relevant times, a resident of Puerto Rico.

8. Plaintiff, Rosa Maria Guzman Rosado, a resident of and citizen of Puerto

Rico, is the sister of decedent-Plaintiff Carmen Eneida Guzman Rosado, who was

tortured and who died as a result of the May 30, 1972 terrorist attack by Defendants at

Lod Airport. At the time of her death, decedent Carmen Eneida Guzman Rosado was a

resident and citizen of Puerto Rico. Rosa Maria Guzman Rosado represents her late

sister as Executor of his estate, in her capacity as her sister, and as an individual.

9. Plaintiffs Carlos Guzman Rosado, Mariano Guzman Rosado, Tomas Guzman

Rosado, Rosa Maria Guzman Rosado, citizens of Puerto Rico, are the surviving siblings

of decedent Plaintiff Rosa Maria Guzman Rosado.

10. Plaintiff, Noemi Rodriguez Robles, a resident of and citizen of Puerto Rico, is

the sister of decedent-Plaintiff Antonio Rodriguez Morales, who was tortured and who

died as a result of the May 30, 1972 terrorist attack by Defendants at Lod Airport. At the

time of his death, decedent Antonio Rodriguez Morales was a resident and citizen of

Puerto Rico. Noemi Rodriguez Robles represents her late brother as Executor of his

estate, in her capacity as his sister, and as an individual.



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11. Plaintiffs Angel M. Rodriguez Robles, Eliezer Rodiguez Robles, Ruth D.

Rodriguez Robles, Maria M. Rodriguez Robles, and Noemi Rodriguez Robles, citizens of

Puerto Rico, are the surviving children of decedent Plaintiff Antonio Rodriguez Morales.

12. Plaintiff, Victor Padilla Ortiz, a resident of and citizen of Puerto Rico, is the

brother of decedent-Plaintiff Juan Padilla Ortiz, who was tortured and who died as a

result of the May 30, 1972 terrorist attack by Defendants at Lod Airport. At the time of

his death, decedent Juan Padilla Ortiz was a resident and citizen of Puerto Rico. Victor

Padilla Ortiz represents his late brother as Executor of his estate, in his capacity as his

brother, and as an individual.

13. Plaintiffs Pedro Padilla Ortiz, Victor Padilla Ortiz, Elizabeth Padilla Ortiz,

Laura Padilla Ortiz, Sarah Padilla Ortiz, Zelideth Padilla Ortiz, Nelson Andres Padilla

Ortiz, citizens of Puerto Rico and Aida Padilla Ortiz, a citizen of Holywood Florida, are

the surviving siblings of decedent-Plaintiff Juan Padilla Ortiz.

14. Plaintiff, Efrain Berganzo Cruz, a resident of and citizen of Puerto Rico, is the

brother of decedent-Plaintiff Angel Berganzo Colon, who was tortured and who died as a

result of the May 30, 1972 terrorist attack by Defendants at Lod Airport. At the time of

his death, decedent-Plaintiff Angel Berganzo Colon was a resident and citizen of Puerto

Rico. Efrain Berganzo Cruz represents his late brother as Executor of his estate, in his

capacity as his brother, and as an individual.

15. Plaintiff Israel P. Fischel was injured in the May 30, 1972 terrorist attack by

Defendants at Lod Airport. At the time of his injury, he was a resident of the State of

New York. He is currently a resident of the state of Connecticut.



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16. Plaintiffs Rosa Vasqzuez, José Vega Franqui, Ruben Vivas Ruiz, and Jesús

Cantres Melendez were injured in the May 30, 1972 terrorist attack by Defendants at Lod

Airport. Rosa Vasqzuez, José Vega Franqui, Ruben Vivas Ruiz, and Jesús Cantres

Melendez were residents of Puerto Rico at all relevant times.

17. Defendants the Syrian Arab Republic (hereinafter also referred to as “Syria”)

and the Great Socialist People’s Libyan Arab Jamahiriya (hereinafter also referred to as

“Libya”) are foreign states designated “state sponsors of terrorism” within the meaning of

the Export Administration Act of 1979 (50 U.S.C. App. § 24050) and the Foreign

Assistance Act of 1961 (22 U.S.C. § 2371(b)) since January 19, 1984, as the term “state

sponsors of terrorism” is defined under 28 U.S.C. § 1605(a)(7) and 28 U.S.C. §

1605(a)(7), note (hereinafter also referred to as the “Flatow Amendment”). Operating

through their agencies, instrumentalities, officials, officers, agents and employees acting

within the scope of their employment or duties, Syria and Libya regularly provided

material support and resources to international terrorist organizations, such as the

Japanese Red Army (hereinafter also referred to as the “JRA”), the Palestine Liberation

Organization (hereinafter referred to as “the PLO”), and the Popular Front for the

Liberation of Palestine (hereinafter also referred to as the “PFLP”) within the meaning of

28 U.S.C. § 1605(a)(7) and the Flatow Amendment in the form of funding, direction,

training, military intelligence, personnel, forged passports, personnel and diplomatic

support, so that these terrorist agents of Libya and Syria could carry out their sovereigns’

policy of international terrorism, including the Lod Airport attack of May 30, 1972,

which proximately caused the injuries and deaths of Plaintiffs, set out more fully below.

18. Defendant the Estate of Hafez al-Assad is the legal entity responsible for the



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Case 1:06-cv-00734-RBW Document 1 Filed 04/21/2006 Page 9 of 44

acts of Hafez al-Assad, now deceased, who provided material support and resources to

terrorist organizations responsible for executing the May 30, 1972 attack at Lod Airport.

Hafez al-Assad, as agent for Syria within the meaning of 28 U.S.C. § 1605(a)(7) and 28

U.S.C. § 1605 note, performed acts within the scope of his agency that caused the

abduction, false arrest, hostage taking, torture, assault, battery, extrajudicial killing,

wrongful death and emotional distress described below.

19. Defendant Syrian Air Force Intelligence Directorate (hereinafter “SAFID”) is

the intelligence service that sponsored, on Syria’s behalf, the May 30, 1972 terrorist

attack at Lod Airport by providing material support to terrorist groups like Defendants

the JRA, PLO, and PFLP. The Syrian Air Force Intelligence Directorate, acting as

agent for Syria within the meaning of 28 U.S.C. § 1605(a)(7) and 28 U.S.C. § 1605 note,

performed acts within the scope of its agency that caused the abduction, false arrest,

hostage taking, torture, assault, battery, extrajudicial killing, wrongful death and

emotional distress described below.

20. Defendant Muhammed al Khouli was the chief of the Syrian Air Force

Intelligence Directorate at the time of the May 30, 1972 terrorist attack at Lod Airport.

Defendant Muhammed al Khouli acted within the scope of his office to coordinate, direct

and provide material support to the JRA, the PLO and PFLP in the May 30, 1972 terrorist

attack at Lod Airport. Defendant Muhammed al Khouli, acting as agent for Syria within

the meaning of 28 U.S.C. § 1605(a)(7) and 28 U.S.C. § 1605 note, performed acts within

the scope of its agency that caused the abduction, false arrest, hostage taking, torture,

assault, battery, extrajudicial killing, wrongful death and emotional distress described

below.



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21. Defendant Syrian Arab Airlines, d/b/a/ SyrianAir was founded in 1961.

Defendant Syrian Arab Airlines is a commercial airline with international flights to over

30 airports in North Africa, the Middle East, Europe and Asia, and domestic flights

toAleppo, Damascus, Dayr az-Zawr, Qamishli and Latakia. Syrian Arab Airlines was

used by Defendant Muhammed al Khouli and the Syrian Air Force Directorate to execute

the terrorist attack at Lod Airport. Defendant Syrian Arab Airlines, a commercial entity

acting as agent for Syria within the meaning of 28 U.S.C. § 1605(a)(7) and 28 U.S.C. §

1605 note, performed acts within the scope of its agency that caused the abduction, false

arrest, hostage taking, torture, assault, battery, extrajudicial killing, wrongful death and

emotional distress described below.

22. Defendant Palestine Liberation Organization (“PLO”) is a terrorist group

which espouses, promotes and supports the terrorism attacks, a legitimate vehicle through

which to achieve its political goals. The PLO was an umbrella organization for several

terrorist subgroups and factions that included the PFLP, and was as an active participant

in the Lod Airport terrorist attack with co-Defendants JRA and PFLP. The PLO provided

planning and material aid to the JRA that it had received from Syria and Libya to enable

Defendant JRA to carry out the May 30, 1972 terrorist attack at Lod Airport. Defendant

PLO, acting as agent for Syria and Libya within the meaning of 28 U.S.C. § 1605(a)(7)

and 28 U.S.C. § 1605 note, performed acts within the scope of its agency that caused the

abduction, false arrest, hostage taking, torture, assault, battery, extrajudicial killing,

wrongful death and emotional distress described below.

23. Defendant Popular Front For

the Liberation of Palestine (“PFLP”)

is a Marxist-Leninist terrorist group that provided funds and other material aid to co-



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Defendant JRA in preparation for and execution of the May 30, 1972 terrorist attack at

Lod Airport. It had received these funds from Syria and Libya and their respective

agencies, officers, employees, agents and instrumentalities. Defendant PFLP, acting as

agent for Syria and Libya within the meaning of 28 U.S.C. § 1605(a)(7) and 28 U.S.C. §

1605 note, performed acts within the scope of its agency that caused the abduction, false

arrest, hostage taking, torture, assault, battery, extrajudicial killing, wrongful death and

emotional distress described below.

24. Defendant Japanese Red Army (“JRA”) is a leftist international terrorist group

founded in 1971 by Ms. Fusako Shigenobu. Members Kozo Okamoto, Okudeita Takeshi

and Yasuda Yasuki, carried out the Lod Airport terrorist attack of May 30, l972 on behalf

of

its co-Defendant sponsors, Libya and Syria and

their respective agencies,

instrumentalities, officials, officers, and employees, and the terrorist groups PLO and

PFLP. Defendant JRA, acting as agent for Syria and Libya within the meaning of 28

U.S.C. § 1605(a)(7) and 28 U.S.C. § 1605 note, performed acts within the scope of its

agency that caused the abduction, false arrest, hostage taking, torture, assault, battery,

extrajudicial killing, wrongful death and emotional distress described below.

25. Defendant Colonel Muammar Qadhafi is the leader of Libya. On behalf of

Libya and acting within the scope of his office, and on his sovereign’s behalf to promote

his nation’s policy of worldwide terrorism, he provided, through co-Defendant agencies,

instrumentalities and officers of Libya material aid and resources to the JRA, the PLO

and PFLP, and other terrorist groups within the meaning of 28 U.S.C. § 1605(a)(7) and

28 U.S.C. § 1605 note. As Libya’s leader and on behalf of Libya he directed, planned,

and caused his nation’s agencies and instrumentalities to provide material aid to terrorist



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groups such as the JRA, PLO and PFLP, who operated on his and Libya’s behalf to carry

out the terrorist attack on Lod Airport on May 30, l972. acting as agent for Libya within

the meaning of 28 U.S.C. § 1605(a)(7) and 28 U.S.C. § 1605 note, performed acts within

the scope of its agency that caused the abduction, false arrest, hostage taking, torture,

assault, battery, extrajudicial killing, wrongful death and emotional distress described

below.

26. Defendant Libyan External Security is an intelligence service of Libya that

provided material aid and resources to Defendants JRA, the PLO and PFLP to promote

and facilitate the terrorist attack on Lod Airport on May 30, 1972. Defendant Libyan

External Security, as agent for Libya within the meaning of 28 U.S.C. § 1605(a)(7) and

28 U.S.C. § 1605 note, performed acts within the scope of its agency that caused the

abduction, false arrest, hostage taking, torture, assault, battery, extrajudicial killing,

wrongful death and emotional distress described below.



27. John Does 1 through 99 are as yet unknown agents, officers, employees, or

instrumentalities of Syria and Libya or other terrorist groups who made the May 30, 1972

terrorist attack on Lod Airport possible.



STATEMENT OF FACTS

28. On May 30, 1972 all Plaintiffs, save for Israel Fischel, were part of a

pilgrimage tour to Israel by over 250 Puerto Rican Americans. The entire group took

three different flights from New York’s Kennedy Airport that were scheduled to arrive in



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Case 1:06-cv-00734-RBW Document 1 Filed 04/21/2006 Page 13 of 44

Israel at approximately the same time. The plaintiffs were on Air France Flight 132.

Israel Fischel was working at the airport at the time.

29.

En Route to Tel Aviv, Air France Flight 132 made a forty-minute stopover

in Rome, Italy. Twelve people boarded Flight 132 in Rome, including three terrorists.

The two other planes arrived ahead of Air France Flight 132 and the majority of the

pilgrims made it through the airport without incident.

30.

Since at least 1969, when General Hafez Assad was Defense Minister and

commander of the Syrian Air Force, Syria provided aid to terrorist groups. In 1970,

General Assad became President and repeatedly and systematically utilized terrorism as a

weapon on Syria’s behalf to advance its domestic and international policy interests,

including sponsorship and direct participation in the May 30, 1972 terrorist attack at Lod

Airport. General Assad particularly utilized SAFID to actively engage in terrorist

activity. Through SAFID he controlled and subverted Syrian Arab Air Lines for the

purpose of carrying out and aiding terrorist activities.

31. At the same time, Libya and its agents, officers and instrumentalities provided

material aid to terrorist organizations including the JRA, the PLO, and the PFLP to

promote their agenda of worldwide terrorism.

32. For the Lod Airport mission, all named Defendants chose the JRA to act as

their attack “triggermen” and their agent.

33. Syria and Libya provided material support to the JRA, PLO, PFLP and other

terrorist groups, as they:

a. Permitted camps for terrorist training to operate in territories under its

control;

b. Provided weapons, logistic materials to terrorist groups, including the

named Defendant terrorist groups;



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c. Provided fraudulent identification documents to terrorist groups, including

the named Defendant terrorist groups and others;

d. Helped terrorists in obtaining legal passage and infiltration into Israel to
commit a terrorist act on Lod Airport on May 30, l972, and to other
nations;

e. Permitted the propaganda activities of the terrorist organization around the

world against US citizens and others;

f. Allowed the JRA, PLO and PFLP to operate in accommodations in its

territory and have safe haven there.



34. To fund this conspiracy, Libya violated United Nations Security Council

Resolutions and international law by nationalizing oil fields located in Libya but

belonging to private American corporations, and used the illegally gained oil revenues to

fund terrorism, through acts of murder, kidnapping, arson, robbery, and extortion, and the

dealings and sales of illegal controlled substances and listed chemicals; they falsified

official Syrian Arab Republic and other national identification documents, they

unlawfully procured, reproduced, and sold naturalization and citizenship papers,

passports and visas,

they obstructed United States federal and state criminal

investigations; and committed financial institution and mail fraud in which the

Defendants received income, directly or indirectly from this pattern of racketeering to

fund terrorism worldwide, and to carry out terrorist attacks worldwide.

35. Both Syria and Libya provided refuge and safe haven to numerous terrorist

groups including the PFLP, JRA and PLO which enabled them to establish logistical and

political offices, training and operation bases in Syrian and Syrian-controlled territory in

eastern and southern Lebanon, as well as in and throughout Libya. Syria and Libya

allowed members of these terrorist organizations to travel freely between Syria and the

Syrian controlled areas of Lebanon and to other Arab states, and into foreign counties by

providing them with forged passports and travel documents.



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36. Libya and Syria, acting through Defendant agents, officers, employees,

agencies and instrumentalities, helped Defendant terrorist groups organize and carry out

military training, stockpile weapons, and develop global banking and communications

networks throughout Syria and Syrian-controlled areas of Lebanon with funds obtained

by Syria and Libya from racketeering as that term is defined in the Federal Civil RICO

laws.

37. This terrorist group patronage by Syria and Libya allowed these groups to

launch terrorist attacks against Israel from Syrian controlled southern and eastern

Lebanon and to establish headquarters and residences for the terrorist leaders in

Damascus, Syria.

38. Terrorist attacks carried out at the direction and under the sponsorship of

Libya and Syria started taking place as a result of the aiding and abetting of the JRA,

PLO and PFLP and other terrorist groups.

39. In an early May 1972 meeting, George Habash and Wadih Haddad, heads of

the PFLP, hosted a gathering of all the major international terrorist groups at the PFLP

controlled Baddawi refugee camp outside Tripoli, Lebanon. Using forged passports

provided by Syria and its agencies and instrumentalities, the delegates were smuggled

into and out of Lebanon. At this meeting, attendees pledged to not only assist one another

logistically, but to participate in and actively participate and carry out attacks on behalf of

one another. At the time, these groups were only able to travel to and from the meeting

and carry out its terrorist plans for attacks with the material support provided to them by

Syria and Libya and their officers, employees, agents, agencies and instrumentalities.



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40. At this meeting, the PLO, PFLP and JRA, in partnership with Syria and Libya,

and as agents and recipients of material aid and support from these two sovereigns,

jointly finalized plans for the May 30, 1972 terrorist attack at Lod Airport two weeks

later.

41. In preparation for the Lod Airport attack, PFLP operatives, with the assistance

of Syrian and Libyan governmental officials provided the JRA terrorists chosen to carry

out the Lod Airport attack weapons training in terrorist camps in Syrian controlled areas

of Lebanon.

42. On or about May 16, 1972, Defendants selected three JRA Japanese terrorists

to carry out of the Lod Airport attack: Kozo Okamoto, Tsuyoshi Okudaira, and Yasuyuki

Yasuda. The three JRA terrorists selected because they would not arouse the suspicions

of Israeli security, who were on the lookout for Arab terrorists. Okamoto, Okudaira and

Yasuda were given specific instructions about the logistics of the attacks. They were

then provided plane tickets, money, clothing, forged travel documents and weapons pre-

packed in three suitcases, a travel route, and hotel accommodations in Rome, Italy to

facilitate their circuitous travel from Lebanon to Tel Aviv for the actual attack. All of this

support was provided by co-Defendant officers, agencies, employees and

instrumentalities, acting within the scope of their office, employment, or agency on

behalf of their sovereigns.

43. The three JRA terrorists’ international travel was facilitated by Defendants the

Syrian Air Force Intelligence Directorate, Syrian Arab Airlines, Libyan Internal Security

Organization, Libyan External Security Organization, PLO, PFLP, JRA and John Does 1-

99, acting as agents on behalf of their sovereigns.



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44. Syrian and Libyan agents and employees used their diplomatic pouch

privileges to smuggle guns and grenades into Rome and on to Air France Flight 132 for

the JRA to use in carrying out the attack at Lod Airport.

45. At approximately 10:00 P.M. on May 30, l972, the three JRA terrorists arrived

at Lod Airport on Air France Flight 132, the same flight as many as their victims.

46. Once in the terminal, The JRA terrorists attempted to destroy their forged

passports in the bathroom prior to the terrorist attack.

47. The three JRA terrorists waited for their luggage to arrive in the baggage

claim area. When their luggage arrived, the three JRA terrorists removed Czech-made

VZT-58 and M-43 automatic rifles and approximately half a dozen powerful shrapnel

grenades.

48. Without warning, the JRA terrorists fired and threw grenades at passengers

grouped around the baggage claim area. The JRA terrorists fired one hundred thirty-three

bullets into the airport passengers. Within a minute, blood, baggage, and bodies littered

the hall. 24 people died and 78 were wounded. Two of the three terrorists also died in

the attack. The third was uninjured and was arrested.

49. The JRA terrorists, holding and shooting assault rifles and exploding shrapnel

grenades into the crowd provided no means of escape for Plaintiffs.

50. Once the JRA triggermen removed their assault rifles and grenades and

opened fire, Plaintiffs witnessed their fellow passengers suffering, bleeding, being

disfigured, and dying.

51. Plaintiffs Vasthi Zila Morales, Juan Padilla Ortiz, Carmen E. Guzman Rosado,

Angel Berganzo Colon and Antonio Rodriguez Morales died in the attack.



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52. Plaintiffs José Vega Franqui, Israel Fischel, Jesús Melendez, Rosa Vasquez,

and Ruben Ruiz survived the attack, but were injured.

53. The surviving JRA terrorist, Okamoto, was subsequently prosecuted in Israel,

and given life imprisonment. At his trial, Okamoto fully confessed, testifying that the

Popular Front for the Liberation of Palestine had come up with the idea for the Lod

Airport attack. He described his terrorist training in Syria and the material support the

JRA received from all co-Defendants, all of which is part of his trial record.

54. The Defense Intelligence Agency of the United States Department of Defense,

and other intelligence agencies of the United States government have determined that the

massacre at the Lod Airport of May 30, l972 was conducted by members of the terrorist

organization known as the Japanese Red Army under the sponsorship of the governments

of Syria and Libya, either directly, or through their respective agents, agencies,

instrumentalities, officers, leaders and employees acting on their behalf.



COUNT I-BATTERY

55. All Plaintiffs incorporate herein by reference all paragraphs above as if fully



set forth at length.

56. The injuries of Plaintiffs resulted from the battery from the bullets fired by the

JRA terrorists, and shrapnel from the grenades detonated by the JRA terrorists.

57. Heirs and spouses of those Plaintiffs injured and killed during the airport

attack also suffered injury as a result of the battery sustained by Plaintiffs. The injuries to

their loved ones were offensive to Plaintiff’s reasonable sense of personal dignity and

injurious to each of them since they each suffered a loss, and pain and suffering.



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58. No Plaintiff named consented to this battery and un-permitted touching of

their bodies by Defendants.

59. Defendants The Syrian Air Force Intelligence Directorate, Syrian Arab

Airlines, the PLO, the PFLP, the JRA, the Libyan External Security Organization, and

John Does 1-99, acting as agents of Libya and Syria within the meaning of 18 U.S.C. 28

U.S.C. §§1605(a)(2), (a)(5), and (a)(7) and the Flatow Amendment, 28 U.S.C. § 1605

note, performed acts within the scope of their agency which provided material support to

the JRA. These acts caused the battery of the Plaintiffs. Defendants are therefore jointly

and severally liable for damages under applicable law, including Connecticut, New York

State, the District of Columbia, Illinois, Florida and Puerto Rico, through the operation of

28 U.S.C. § 1606, and through the doctrine of respondeat superior.

60. Defendants The Estate of Hafez Al-Assad, General Muhammed Al Khouli,

Muammar Qadhafi, and John Does 1-99, are officials, employees, and/or agents of Libya

and/or Syria, within the meaning of 28 U.S.C. §1605(a)(7) and 28 U.S.C.A. §1605, who

performed acts within the scope of their offices, employment and/or agencies, which

provided material support and resources to the JRA and caused the battery of the

Plaintiffs.

61. All Defendants are directly or vicariously liable for their actions or the actions

of their co-defendants because they controlled and/or acted in concert with the JRA in

sponsoring its terrorist activities at Lod Airport, and in providing material support to the

JRA for these activities.

62. For the reasons stated above, Defendants are jointly and severally liable to

Plaintiffs , and their relatives and distributees.



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63. WHEREFORE, Plaintiffs demand that judgment be entered against all

Defendants, jointly and severally, in an amount to be determined by the court, but no less

than FIFTY MILLION ($50,000,000.00) U.S. Dollars to each Plaintiff and relative,

distribute, and beneficiary.



COUNT II – ASSAULT

64. All Plaintiffs incorporate herein by reference all paragraphs above as if fully

set forth at length.

65. During the time Plaintiffs José Vega Franqui, Vasthi Vega Morales, Juan

Padilla Ortiz, Israel Fischel, Carmen E. Guzman Rosado, Angel Berganzo Colon,

Antonio Rodriguez Morales, Jesús Melendez, and Ruben Ruiz and were held as hostages

by three JRA terrorists, at the Lod Airport on May 30, l972, their JRA captors directly,

proximately, intentionally, and willfully put them in fear for their lives and in

apprehension of immediate physical harm.

66. At the time it was obvious to all plaintiffs that they were subject to imminent

physical harm and injury. Plaintiffs were put in fear for their life and were subjected to

fear, emotional pain and physical suffering.

67. Separate damages for assault should also be available to Plaintiffs under the

Torture Victim Protection Act of 1991, Pub L. 102-256, 106 Stat. 73 (reprinted at 28

U.S.C.A. § 1350 note), for the assault each Plaintiff suffered during the Lod Airport.

68. Defendants The Syrian Air Force Intelligence Directorate, Syrian Arab

Airlines, the PLO, the PFLP, the JRA, the Libyan External Security Organization, and

John Does 1-99, acting as agents of Libya and Syria within the meaning of 18 U.S.C. 28



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U.S.C. §§1605(a)(2), (a)(5), and (a)(7) and the Flatow Amendment, 28 U.S.C. § 1605

note, performed acts within the scope of their agency which provided material support to

the JRA. These acts caused the assault of the Plaintiffs. Defendants are therefore jointly

and severally liable for damages under applicable law, including Connecticut, New York,

the District of Columbia, Illinois, Florida and Puerto Rico, through the operation of 28

U.S.C. § 1606, and through the doctrine of respondeat superior.

69. Defendants The Estate of Hafez Al-Assad, General Muhammed Al Khouli,

Muammar Qadhafi, and John Does 1-99, are officials, employees, and/or agents of Libya

and/or Syria, within the meaning of 28 U.S.C. §1605(a)(7) and 28 U.S.C.A. §1605, who

performed acts within the scope of their offices, employment and/or agencies, which

provided material support and resources to the JRA and caused the assault of the

Plaintiffs.

70. All Defendants are directly or vicariously liable for their actions or the actions

of their co-defendants because they controlled and/or acted in concert with the JRA in

sponsoring its terrorist activities at Lod Airport, and in providing material support to the

JRA for these activities.

71. For the reasons stated above, Defendants are jointly and severally liable to

Plaintiffs , and their relatives and distributees.

72. WHEREFORE, Plaintiffs demand that judgment be entered against all

Defendants, jointly and severally, in an amount to be determined by the court, but no less

than FIFTY MILLION ($50,000,000.00) U.S. Dollars to each Plaintiff and relative,

distribute, and beneficiary.





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COUNT III - FALSE IMPRISONMENT

73. All Plaintiffs incorporate herein by reference all paragraphs above as if fully

set forth at length.

74. Plaintiffs were deprived of their freedom of movement by the JRA, and were

aware that they had no means of escape.

75. This restriction of liberty of Plaintiffs present when the terrorist attack

occurred was without Plaintiff’s consent causing each such Plaintiff to suffer anguish

and pain and intense physical injury, pain, discomfort and in some instances, death on

account of their being held hostage and falsely imprisoned.

76. Defendants The Syrian Air Force Intelligence Directorate, Syrian Arab

Airlines, the PLO, the PFLP, the JRA, the Libyan External Security Organization, and

John Does 1-99, acting as agents of Libya and Syria within the meaning of 18 U.S.C. 28

U.S.C. §§1605(a)(2), (a)(5), and (a)(7) and the Flatow Amendment, 28 U.S.C. § 1605

note, performed acts within the scope of their agency which provided material support to

the JRA. These acts caused the false imprisonment of the Plaintiffs. Defendants are

therefore jointly and severally liable for damages under applicable law, including the

District of Columbia, Puerto Rico, Illinois, Florida New York State, and Connecticut

Law through the operation of 28 U.S.C. § 1606, and through the doctrine of respondeat

superior.

77. Defendants The Estate of Hafez Al-Assad, General Muhammed Al Khouli,

Muammar Qadhafi, and John Does 1-99, are officials, employees, and/or agents of Libya

and/or Syria, within the meaning of 28 U.S.C. §1605(a) (7) and 28 U.S.C.A. §1605, who

performed acts within the scope of their offices, employment and/or agencies, which



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provided material support and resources to the JRA and caused the false imprisonment of

the Plaintiffs.

78. All Defendants are directly or vicariously liable for their actions or the actions

of their co-defendants because they controlled and/or acted in concert with the JRA in

sponsoring its terrorist activities at Lod Airport, and in providing material support to the

JRA for these activities.

79. For the reasons stated above, Defendants are jointly and severally liable to

Plaintiffs, and their relatives and distributees.

80. WHEREFORE, Plaintiffs demand that judgment be entered against all

Defendants, jointly and severally, in an amount to be determined by the court, but no less

than FIFTY MILLION ($50,000,000.00) US Dollars to each Plaintiff and relative,

distribute, and beneficiary.



COUNT IV - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

81. All Plaintiffs incorporate herein by reference all paragraphs above as if fully



set forth at length.

82. Defendants’ intentional, reckless, and extreme and outrageous conduct on the

caused extreme, severe emotional distress to Plaintiffs, and upon members of their

family. These acts were undertaken by all said Defendants for the purpose of causing

mental duress and suffering, upon the members of the families of any person who they

were able to kill or injure or blow into pieces during the terrorist attack at Lod Airport.

The Plaintiffs enduring this terrorist attack and those and suffering injuries endured

torture, shock, trauma to their nervous systems, pain, suffering, and battery. Surviving



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victims and the heirs of those killed during the May 30, 1972 terrorist attack at Lod

Airport have suffered, and will forever suffer in the future severe and permanent

psychiatric disorders, emotional distress and anxiety, permanent psychological distress,

and permanent mental impairment requiring ongoing and long-term expenses for medical

services, care, and counseling, as well as other economic losses, due to the intentional,

reckless, wanton and extremely outrageous conduct of the Defendants. This attack was

undertaken in deliberate disregard of the high degree of probability that emotional

distress or such injuries or death would occur to Plaintiffs or their heirs and families.

83. Defendants The Syrian Air Force Intelligence Directorate, Syrian Arab

Airlines, the PLO, the PFLP, the JRA, the Libyan External Security Organization, and

John Does 1-99, acting as agents of Libya and Syria within the meaning of 18 U.S.C. 28

U.S.C. §§1605(a)(2), (a)(5), and (a)(7) and the Flatow Amendment, 28 U.S.C. § 1605

note, performed acts within the scope of their agency which provided material support to

the JRA. These acts caused the battery of the Plaintiffs. Defendants are therefore jointly

and severally liable for damages under applicable law, including Connecticut, New York,

the District of Columbia, Illinois, Florida and Puerto Rico, through the operation of 28

U.S.C. § 1606, and through the doctrine of respondeat superior.

84. Defendants The Estate of Hafez al-Assad, General Muhammed Al Khouli,

Muammar Qadhafi, and John Does 1-99, are officials, employees, and/or agents of Libya

and/or Syria, within the meaning of 28 U.S.C. §1605(a)(7) and 28 U.S.C.A. §1605, who

performed acts within the scope of their offices, employment and/or agencies, which

provided material support and resources to the JRA and caused the battery of the

Plaintiffs .



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85. All Defendants are directly or vicariously liable for their actions or the actions

of their co-defendants because they controlled and/or acted in concert with the JRA in

sponsoring its terrorist activities at Lod Airport, and in providing material support to the

JRA for these activities.

86. For the reasons stated above, Defendants are jointly and severally liable to

Plaintiffs, and their relatives and distributees.

87. WHEREFORE, Plaintiffs demand that judgment be entered against all

Defendants, jointly and severally, in an amount to be determined by the court, but no less

than FIFTY MILLION ($50,000,000.00) US Dollars for each of them on this Count IV,

and their costs expended, plus interest.



COUNT V - ACTION FOR WRONGFUL DEATH

88. All Plaintiffs incorporate herein by reference all paragraphs above as if fully



set forth at length.

89. The Defendants caused the wrongful, willful, intentional, premeditated,

deliberate, and malicious extrajudicial killing of Plaintiffs.

90. At no time did any Plaintiff give their consent to be wrongfully killed or to be

killed in an extrajudicial manner.

91. Defendants The Syrian Air Force Intelligence Directorate, Syrian Arab

Airlines, the PLO, the PFLP, the JRA, the Libyan External Security Organization, and

John Does 1-99, acting as agents of Libya and Syria within the meaning of 18 U.S.C. 28

U.S.C. §§1605(a)(2), (a)(5), and (a)(7) and the Flatow Amendment, 28 U.S.C. § 1605

note, performed acts within the scope of their agency which provided material support to



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the JRA. These acts caused the battery and wrongful death of the Plaintiffs. Defendants

are therefore jointly and severally liable for damages under applicable law, including

Connecticut, New York, the District of Columbia, Illinois, Florida and Puerto Rico,

through the operation of 28 U.S.C. § 1606, and through the doctrine of respondeat

superior.

92. Defendants The Estate of Hafez al-Assad, General Muhammed Al Khouli,

Muammar Qadhafi, and John Does 1-99, are officials, employees, and/or agents of Libya

and/or Syria, within the meaning of 28 U.S.C. §1605(a)(7) and 28 U.S.C.A. §1605, who

performed acts within the scope of their offices, employment and/or agencies, which

provided material support and resources to the JRA and caused the battery of the

Plaintiffs .

93. All Defendants are directly or vicariously liable for their actions or the actions

of their co-defendants because they controlled and/or acted in concert with the JRA in

sponsoring its terrorist activities at Lod Airport, and in providing material support to the

JRA for these activities.

94. For the reasons stated above, Defendants are jointly and severally liable to

Plaintiffs, and their relatives and distributees.

95. WHEREFORE, Plaintiffs demand that judgment be entered against all

Defendants, jointly and severally, in an amount to be determined by the court, but no less

than FIFTY MILLION ($50,000,000.00) Dollars to each Plaintiff and relative, distribute,

and beneficiary.





COUNT VI - ACTION FOR SURVIVAL DAMAGES



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96. All surviving Plaintiffs incorporate herein by reference all paragraphs above

as if fully set forth at length.

97. Each plaintiff present at the May 30, 1972 terrorist attack at Lod Airport

suffered extreme bodily pain, mental anguish and suffering.

98. Defendants The Syrian Air Force Intelligence Directorate, Syrian Arab

Airlines, the PLO, the PFLP, the JRA, the Libyan External Security Organization, and

John Does 1-99, acting as agents of Libya and Syria within the meaning of 18 U.S.C. 28

U.S.C. §§1605(a)(2), (a)(5), and (a)(7) and the Flatow Amendment, 28 U.S.C. § 1605

note, performed acts within the scope of their agency which provided material support to

the JRA. These acts caused the extreme bodily pain, mental anguish, and suffering of

each of the Plaintiffs. Defendants are therefore jointly and severally liable for damages

under applicable law, including Connecticut, New York, the District of Columbia,

Illinois, Florida and Puerto Rico, through the operation of 28 U.S.C. § 1606, and

through the doctrine of respondeat superior.

99. Defendants The Estate of Hafez Al-Assad, General Muhammed Al Khouli,

Muammar Qadhafi, and John Does 1-99, are officials, employees, and/or agents of Libya

and/or Syria, within the meaning of 28 U.S.C. §1605(a)(7) and 28 U.S.C.A. §1605, who

performed acts within the scope of their offices, employment and/or agencies, which

provided material support and resources to the JRA and caused the extreme bodily pain,

mental anguish, and suffering of each of the Plaintiffs.

100. All Defendants are directly or vicariously liable for their actions or the

actions of their co-defendants because they controlled and/or acted in concert with the

JRA in sponsoring its terrorist activities at Lod Airport, and in providing material support



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to the JRA for these activities.

101. For the reasons stated above, Defendants are jointly and severally liable to

Plaintiffs , and their relatives and distributees.

102. WHEREFORE, Plaintiffs demand that judgment be entered against all

Defendants, jointly and severally, in an amount to be determined by the court, but no less

than FIFTY MILLION ($50,000,000.00) U.S. Dollars for each of them, and their costs

expended, plus interest.



COUNT VII - ACTION FOR CIVIL CONSPIRACY

103. All named Plaintiffs incorporate herein by reference all paragraphs above

as if fully set forth at length.

104. All defendants conspired with one another to commit acts of international

terrorism against the United States, its nationals and allies.

105. All named Defendants knowingly and willfully conspired with one

another before, during and after the Lod Airport terrorist attack on May 30, 1972 to

sponsor Defendants JRA, PLO, PFLP and other terrorist organizations.

106. The Lod Airport Massacre of May 30, 1972 was a direct, foreseeable, and

intended product of the conspiracy among the Defendants to commit acts of international

terrorism against the United States, its nationals and allies. Defendants willfully and

deliberate conspired with one another to proximately causing the injury and death to

Plaintiffs.

107. Defendants The Syrian Air Force Intelligence Directorate, Syrian Arab

Airlines, the PLO, the PFLP, the JRA, the Libyan External Security Organization, and



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John Does 1-99, acting as agents of Libya and Syria within the meaning of 18 U.S.C. 28

U.S.C. §§1605(a)(2), (a)(5), and (a)(7) and the Flatow Amendment, 28 U.S.C. § 1605

note, performed acts within the scope of their agency which provided material support to

the JRA. Defendants controlled and/or acted in concert with the JRA, thus conspiring to

cause the injuries to all Plaintiffs. Defendants are therefore jointly and severally liable

for damages under applicable law, including Connecticut, New York, the District of

Columbia, Illinois, Florida and Puerto Rico, through the operation of 28 U.S.C. § 1606,

and through the doctrine of respondeat superior.

108. Defendants The Estate of Hafez Al-Assad, General Muhammed Al

Khouli, Muammar Qadhafi, and John Does 1-99, are officials, employees, and/or agents

of Libya and/or Syria, within the meaning of 28 U.S.C. §1605(a)(7) and 28 U.S.C.A.

§1605, who performed acts within the scope of their offices, employment and/or

agencies, which provided material support and resources to the JRA and conspired to

cause the injuries of all Plaintiffs.

109. For the reasons stated above, Defendants are jointly and severally liable to

Plaintiffs, and their relatives and distributees.

110. WHEREFORE, Plaintiffs demand that judgment be entered against all

Defendants, jointly and severally, in an amount to be determined by the court, but no less

than ONE HUNDRED FIFTY MILLION ($150,000,000.00) U.S. Dollars to each

Plaintiff and relative, distribute, and beneficiary.





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COUNT VIII: 18 U.S.C. § 1962(a) and (d) – CIVIL RICO

111. All named Plaintiffs incorporate herein by reference all paragraphs above

as if fully set forth at length.

112. Defendants knowingly and willfully conspired with each other and with

international terrorist organizations the JRA, the PLO and PFLP and others to plan and

execute acts of international terrorism, including the Lod Airport a