While the lawyers have yet to generate evidence showing that any senior Saudi official conspired with al-Qaeda to attack the United States, they allege that Saudi money, some of it from the government, fueled al-Qaeda's rise from ragtag regional terrorists into global threat.
To support their claim for more discovery against the National Commercial Bank, the plaintiffs have filed new evidence they say suggests the bank was a conduit for funds to Osama bin Laden before the 9/11 attacks, including previously unreleased French diplomatic cables and a report by German intelligence.
The primary vehicle for the money-laundering scheme, the plaintiffs' lawyers allege, was a now-defunct Islamic charity called Muwafaq Foundation, which was established by two former senior officials of the bank. "NCB's sponsorship of al-Qaeda flowed largely, although not exclusively, through Muwafaq Foundation," said Cozen O'Connor lawyer Sean Carter, in a letter to U.S. Magistrate Judge Frank Maas, who is managing discovery in the sprawling case.
A lawyer for National Commercial Bank did not return phone calls for comment. But in a July 22 motion to dismiss the case, Mitchell Berger, the bank's attorney, argued that the plaintiffs had failed to produce facts showing that NCB "played a knowing role in financing terrorist activities."
"Plaintiffs offer only speculation and hearsay in their effort to link NCB to al-Qaeda terrorists who committed the Sept. 11 attacks," he said.
The request for additional discovery against NCB and two of its former executives, Yassin al-Kadi, designated by the U.S. Treasury Department as a terrorism financier, and Khalid bin Mahfouz, a wealthy Saudi businessman who once had an ownership interest in NCB, is the latest front in a long-running litigation battle that began within days of the Sept. 11 attacks.
