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- Title
DISRUPTING TERRORIST FINANCING WITH CIVIL LITIGATION.
- Authors
Smith, Jack D.; Cooper, Gregory J.
- Abstract
While the direct costs of mounting individual terrorist attacks are relatively low, maintaining a terrorist network is an expensive undertaking. To promote a veil of legitimacy, large terrorist organizations must spend tens of millions on propaganda and ostensibly legitimate social or charitable activities such as hospitals, schools and other pubic works. They raise the money largely through fundraising efforts worldwide, including "witting and unwitting" contributions from mosques, non-governmental organizations, wealthy donors, and charitable foundations. Criminal prosecutions alone have not stopped such contributions because of insufficient prosecutorial resources and the high standards of proof required for criminal convictions. Unleashing legions of private attorneys to pursue civil actions against individuals and organizations, including charities and banks, involved in the chain of terrorist financing may be a much more credible deterrence, especially when combined with the triple damages provisions of 18 U.S.C. 2333 (a).
- Subjects
TERRORISM financing; TERRORISM; FUNDRAISING; ACTIONS &; defenses (Law); PROSECUTION; CHARITABLE uses, trusts, &; foundations; NONPROFIT organizations; PROPAGANDA; GOVERNMENT policy
- Publication
Case Western Reserve Journal of International Law, 2009, Vol 41, Issue 1, p65
- ISSN
0008-7254
- Publication type
Article