Full opinion text
MEMORANDUM AND ORDER LAGUEUX, Senior United States District Judge. This matter is before the Court on Plaintiffs’ motion to enter a final judgment against the Hamas Defendants pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. The Hamas Defendants include Hamas — Islamic Resistance Movement (a.k.a. “Harakat Al-Muqawama Al-Islamiyva”)(hereinafter, Hamas), and the following individual Hamas operatives who are responsible for the shooting attack that killed Yaron and Efrat Ungar: Abdel Rahman Ismail Abdel Rahman Ghanimat, Jamal Abdel Fatah Tzabich Al Hor, Raed Fakhri Abu Hamdiya, Ibrahim Ghanimat, and Iman Mahmud Hassan Faud Kafishe, (“the individual Hamas defendants”). Plaintiffs request that this Court: 1) adopt the Report and Recommendation issued by Magistrate Judge David L. Martin on July 3, 2003 and grant their motion to enter a default judgment against Hamas; 2) determine that there is no just reason for delaying the entry of a final judgment; and 3) direct the Clerk to enter a final judgment consistent with the Report and Recommendation, plus prejudgment interest. The facts of this case are described at length in this writer’s previous opinions. See Ungar I, 153 F.Supp.2d 76, 82-85 (D.R.I.2001); The Estates of Ungar ex rel. Strachman v. The Palestinian Auth., 228 F.Supp.2d 40, 41-43 (D.R.I.2002) (hereinafter, Ungar IT); and the attached Report and Recommendation. Therefore, there is no need to repeat the tragic events and extensive procedural history underlying this litigation. It suffices to say that on June 13, 2002, this writer referred Plaintiffs’ Motion to Enter Default Judgment Against Hamas and the individual Hamas defendants to Magistrate Judge David L. Martin for preliminary review, findings, and recommended disposition pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 32(a). In July of 2002, Judge Martin held a three day hearing on Plaintiffs’ motion to enter a default judgment and took the matter under advisement. Judge Martin reviewed the submitted memoranda and exhibits, performed independent research, and then issued an extensive Report and Recommendation on July 3, 2003. He recommended that this Court grant Plaintiffs’ motion to enter a default judgment against Hamas but deny the motion as to the individual Hamas defendants and dismiss the claims against those defendants for lack of personal jurisdiction. Report and Recommendation, at 63. Judge Martin also recommended that this Court award Plaintiffs a total of $116,409,123.00 in damages, plus prejudgment interest, attorneys fees of $65,621.25, and costs of $1,437.72. Id. at 63. However, the Report and Recommendation did not direct this Court to any legal authority supporting the prejudgment interest award and was silent on the applicable interest rate. On July 10, 2003, during a hearing on related matters, this winter suggested that Plaintiffs provide the Court with an analysis of the legal basis for awarding prejudgment interest and the appropriate interest rate. The time period for filing objections to the Report and Recommendation set forth in Rule 72(b) of the Federal Rules of Civil Procedure and Local Rule 32 elapsed on July -22, 2003, with no objection having been filed. Plaintiffs filed the present motion on August 18, 2003, and submitted the requested analysis regarding prejudgment interest and a proposed decision and order. This Court heard oral argument on October 1, 2003, and took the matter under advisement. At this writer’s request, Plaintiffs later submitted a supplemental memorandum on the issue of whether prejudgment interest is permissible on an award of punitive or treble damages. The matter is now in order for decision. This Court accepts and adopts Judge Martin’s Report and Recommendation except as hereafter noted regarding prejudgment interest. Judge Martin recommended that this Court award Plaintiffs prejudgment interest but did not recommend a particular rate of interest to apply. Report and Recommendation, at 62. Plaintiffs urge this Court to award prejudgment interest at a rate of nine percent per annum. Mem. in Supp. of Pls.’ Mot. for Entry of Final J. Against Hamas Pursuant to Fed.R.Civ.P. 5h(b), at 9 (citing Chang v. Univ. of R.I., 606 F.Supp. 1161, 1275 (D.R.I.1985)). Plaintiffs cite to this Court’s longstanding practice of applying a nine percent interest rate in civil rights actions and argue that there is no reason to award victims of terrorist acts any less. Id. They ask that interest accrue from June 9, 1996, (the date of this tragic incident) on the entire amount of the proposed judgement or, alternatively, on the original compensatory damages. Pis. ’ Supplemental Mem. in Supp. of their Mot. for Entry of Final J. Against Hamas Pursuant to Fed.R.Civ.P. 5k(b), at 3. Plaintiffs’ Request for Prejudgment Interest This Court need not decide the applicable prejudgment interest rate or whether such interest applies to all or part of the judgment for two reasons. First, the congressional purpose behind 18 U.S.C. § 2333 was to deter acts of international terrorism and this Court will not add prejudgment interest to the substantial penalties of treble damages, court costs, and attorney’s fees already provided for by Congress. Second, this Court finds the treble damages provision of 18 U.S.C. § 2333 overwhelmingly punitive, which makes an award of prejudgment interest inappropriate. Therefore, this Court declines to adopt Judge Martin’s recommendation that Plaintiffs be awarded prejudgment interest. When a complaint presents a federal question, the issue of whether or not the plaintiff may recover prejudgment interest is a matter of federal law. Robinson v. Watts Detective Agency, 685 F.2d 729, 741 (1st Cir.1982). When there is no provision in the statute in question regarding prejudgment interest, the court looks to federal common law for guidance. Id. Federal case law in this area is clear. The decision of whether or not to award prejudgment interest rests within the sound discretion of the trial court. Criado v. IBM Corp., 145 F.3d 437, 446 (1st Cir.1998); Conway v. Electro Switch Corp., 825 F.2d 593, 602 (1st Cir.1987); United States v. Cal. State Bd. of Equalization, 650 F.2d 1127, 1132 (9th Cir.1981); Chang, 606 F.Supp. at 1274. See also Rao v. New York City Health and Hosps. Corp., 882 F.Supp. 321, 325 (S.D.N.Y.1995) and Bingham v. Zolt, 810 F.Supp. 100, 101 (S.D.N.Y.1993)(both noting that when the applicable federal statute is silent on the availability of prejudgment interest, a court may award such interest in accord with its equitable discretion). The district court has wide latitude in determining the appropriate remedy and there is no abuse of discretion when its award makes the plaintiff whole and is sufficient to deter the defendant from future wrongdoing. Criado, 145 F.3d at 446. Prejudgment interest is presumptively available in suits brought under federal law,' unless punitive damages are also awarded. Partington v. Broyhill Furniture Indus. Inc., 999 F.2d 269, 274 (7th Cir.1993). The Supreme Court’s decision in Rodgers v. United States, 332 U.S. 371, 68 S.Ct. 5, 92 L.Ed. 3 (1947), guides a court in deciding whether or not to award prejudgment interest. The Court noted that penalties imposed by an Act of Congress bear interest only if and to the extent that interest is required by federal law. Rodgers, 332 U.S. at 373, 68 S.Ct. 5. Absent Congress’ unequivocal prohibition of prejudgment interest, courts should grant or deny interest by looking to the congressional purpose underlying the particular statute. Id. at 373, 68 S.Ct. 5; Golden State Transit Corp. v. City of Los Angeles, 773 F.Supp. 204, 208 (C.D.Cal.1991)(citing Rodgers, 332 U.S. at 373, 68 S.Ct. 5). See also Segal v. Gilbert Color Sys. Inc., 746 F.2d 78, 82 (1st Cir.1984)(when the statute is silent on the question of prejudgment interest, courts turn to legislative history). In Rodgers, the framework of the Agricultural Adjustment Act and the reports of the congressional committees that drafted it demonstrated a primary purpose to limit farm production and marketing to the quotas allotted by law, and an intent to deter farmei's from exceeding those quotas. 332 U.S. at 374, 68 S.Ct. 5. Given this clear intent to deter, the Court concluded that Congress did not also intend for courts to add prejudgment interest to the substantial penalties already imposed on non-cooperating farmers. Id. at 376, 68 S.Ct. 5. In the instant case, Plaintiffs brought their Complaint pursuant to 18 U.S.C. § 2333. Enacted as part of the Antiterrorism Act of 1991, Section 2333 states: 18 U.S.C. § 2333(a)(1992). Like the Agricultural Adjustment Act in Rodgers, neither Section 2333 nor any other federal statute address the issue of prejudgment interest in this context. Therefore, this writer turns to the legislative history of Section 2333 to determine Congress’ purpose for creating the treble damages on which Plaintiffs request prejudgment interest. Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees. On April 14, 1990, Senator Charles E. Grassley (R. Iowa) introduced S.2465, (now 18 U.S.C. § 2333) a bill providing a new, federal, civil cause of action for acts of international terrorism. S.Rep. No. 102-17, at 63 (1991). The bill was intended to fill a gap in the law by establishing a civil counterpart to the existing criminal statutes. 136 Cong. Rec. S14279-01 (1990). S.2465 gave victims of terrorism the remedies of traditional American tort law, including treble damages and attorney’s fees. 137 Cong. Rec. S4511-04 (1991). The legislative history of 18 U.S.C. § 2333 evinces a clear congressional intent to deter and punish acts of international terrorism. During the floor debates, Senator Grassley spoke of holding terrorists accountable “where it hurts them most: at their lifeline, their funds.” 136 Cong. Rec. S14279-01 (1990). He stated that his bill would put terrorists on notice “to keep their hands off Americans and their eyes on them assets,” 136 Cong. Rec. S14279-01, and “would allow victims to pursue renegade terrorist organizations, them leaders, and the resources that keep them in business, their money.” 138 Cong. Rec. S17252 (1992). The Subcommittee on Courts and Administrative Practice held a hearing on S.2465 where the testimony focused on the bill’s deterrent effect on the commission of acts of international terrorism against Americans. Antiterrorism Act of 1990: Hearing on S2465 Before the Subcomm. on Cts. and Admin. Practice of the Comm. on the Judiciary U.S. S., 101st Cong. (1990). One witness told the committee that in order to be an effective weapon against terrorism, S2465 had to punish by “hitting terrorists where it hurts, in their pockets.” Id. at 133(statement of Wendy Collins Perdue, Associate Professor, Georgetown University Law Center). Joseph A. Morris, President and General Counsel for the Lincoln Legal Foundation in Chicago, testified that S.2465 would impose liability at any point along the chain of terrorism and would “interrupt, or at least imperil, the flow of terrorism’s lifeblood, money.” Id. at 85. While noting that executing civil judgments may be difficult, Morris testified that the bill would contribute to the antiterrorism struggle by deterring terrorists from choosing American targets and by “drying up terrorism’s financial support in the United States.” Id. at 85. He also noted the deterrent power of provisions allowing for treble damages, court costs, and attorney’s fees. Id. at 89. Another witness testified that it would not be enough to simply go after the individual terrorists; the bill must “strike at the heart of the organization” and “go after the funding.” Id. at 110 (statement of Daniel Pipes, Director of the Foreign Policy Research Institute). Thus, the legislative history of Section 2333 shows an unequivocal congressional intent to deter acts of international terrorism and punish those who commit such acts against American citizens. A New York District Court arrived at a similar conclusion when it denied punitive damages to two relatives of victims of the September 11, 2001 attacks on the World Trade Center. Smith v. Islamic Emirate of Afghanistan, 262 F.Supp.2d 217, 240 (S.D.N.Y.2003). That Court held that it would not award additional punitive damages because the treble damages provision of 18 U.S.C. § 2333 already provided a penalty. Id. at 240. Given Congress’ clear intent to deter and punish terrorist acts, this Court is unable to conclude that Congress also intended to add interest to the substantial penalties of treble damages, court costs, and attorney’s fees that are already imposed by the statute. Therefore, Plaintiffs’ request for prejudgment interest must be denied. Prejudgment interest is also inappropriate in this case because the treble damages provision of Section 2333 is overwhelmingly punitive, and prejudgment interest does not apply to a punitive damages award. See infra, at pg. 240. Prejudgment interest and treble, or multiple damages, serve different purposes. Suiter v. Mitchell Motor Coach Sales Inc., 151 F.3d 1275, 1289 (10th Cir.1998). Prejudgment interest compensates a plaintiff for being deprived of the monetary value of his or her loss from the time of the loss until the payment of judgment. Id. at 1288; Paper Converting Mach. Co. v. Magna-Graphics Corp., 745 F.2d 11, 23 (D.C.Cir.1984). See also Osterneck v. Ernst & Whitney, 489 U.S. 169, 175, 109 S.Ct. 987, 103 L.Ed.2d 146 (1989)(prejudgment interest has been traditionally considered part of the compensation due to the plaintiff); Golden State Transit Corp., 773 F.Supp. at 208 (prejudgment interest is an element of compensation and- not a penalty). In contrast, multiple or treble damages serve to punish and are thus punitive in nature. McEvoy Travel Bureau Inc. v. Norton Co., 408 Mass. 704, 563 N.E.2d 188, 196 (1990). See also, Suiter, 151 F.3d at 1289; Paper Converting Machine Co., 745 F.2d at 23. Prejudgment interest does not apply to punitive damages awards. United States v. Reul, 959 F.2d 1572, 1578 (Fed.Cir.1992); Wickham Contracting Co. v. Local Union No. 3, Int’l. Bhd. of Elec. Workers, 955 F.2d 831, 834 (2d Cir.1992). See also Murphy v. United Steelworkers of America, 507 A.2d 1342, 1346 (R.I.1986)(holding that Rhode Island’s prejudgment interest statute does not apply to punitive damages); Right to prejudgment interest on punitive or multiple damages aivards, 9 A.L.R. 5th 63, 1993 WL 837762 (1993)(not-ing that attempts to collect prejudgment interest on punitive and statutory multiple damages are unsuccessful in a majority of courts). In City Coal Co. of Springfield, Inc. v. Noonan, the Massachusetts Supreme Judicial Court decided not to award prejudgment interest on the treble damages awarded pursuant to a state law. 434 Mass. 709, 751 N.E.2d 894, 900 (2001). The Court noted that no compensatory purpose would be served by imposing interest on punitive damages and saw no reason to exempt treble damages from the principle that adding interest on punitive damages has the “flavor of unseemly piling on.” Id. In addition, a New York District Court has found that the treble damages available in actions under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) adequately compensate plaintiffs and obviate the need for prejudgment interest. Bingham, 810 F.Supp. at 102. See also Trans World Airlines, Inc. v. Hughes, 449 F.2d 51, 80 (2d Cir.1971) rev’d on other grounds, 409 U.S. 363, 389, 93 S.Ct. 647, 34 L.Ed.2d 577 (1973)(finding that the treble damages provided for under the Clayton Act sufficiently compensated the plaintiff and made an award of prejudgment interest unnecessary). This Court recognizes that no amount of money will ever adequately compensate Plaintiffs for the devastating and incomprehensible losses that they suffered as a result of these heinous terrorist acts. However, Congress’ clear intent to deter and punish those who commit acts of international terrorism makes Section 2333 overwhelmingly punitive and precludes this Court from awarding prejudgment interest on what is essentially a punitive damages award. Plaintiffs rely on Aetna Cas. Sur. Co. v. Rodco Autobody, 43 F.3d 1546, 1571 (1st Cir.1994), for their argument that there is no abuse of discretion when a court applies prejudgment interest to a treble damages award under a federal statute. Pls.’ Supplemental Mem. in Supp. of their Mot. for Entry of Final J. Against Hamas Pursuant to Fed. R. Civ. Pro. 54(b), at 2. However, the discussion of prejudgment interest in Aetna Casualty, is dictum because the defendant failed to preserve that issue for appeal. 43 F.3d at 1571. The First Circuit recognized “some force” in the defendant’s argument that prejudgment interest on treble damages was inappropriate because those damages were punitive. Id. However, the Court noted that it could be reasonably argued that damages in RICO actions were primarily compensatory and that an award of prejudgment interest was proper. Id. at 1572. Given the legislative history discussed above, it cannot be reasonably argued that the treble damages provided for in Section 2333 are primarily compensatory. The punitive aspect and congressional intent to deter and punish those who commit terrorist acts permeate the statute and overshadow its compensatory aspects. Therefore, this Court cannot adopt Judge Martin’s recommendation that prejudgment interest be awarded. Plaintiffs’ Motion to Enter Final Judgment Against Hamas This Court now turns to Plaintiffs’ motion to enter a final judgement against Hamas. Since this writer adopts Judge Martin’s recommendation that the claims against the individual Hamas defendants be dismissed for lack of personal jurisdiction, it is only necessary to consider Plaintiffs’ motion with regard to Defendant, Ha-mas. Rule 54(b) of the Federal Rules of Civil Procedure allows a court to direct the entry of a final judgment as to one or more but not all of the claims or parties. A court granting a motion brought under Rule 54(b) must make: l)an express determination that there is no just reason for delay; 2)an express direction that judgment be entered; and 3)a brief but particularized statement of its reasons for acting in order to demonstrate that the rule was properly invoked. Fed.R.Civ.P. 54(b). See also Feinstein v. Resolution Trust Corp., 942 F.2d 34, 39 (1st Cir.1991)(citing Spiegel v. Trs. of Tufts Coll., 843 F.2d 38, 43, n. 4 (1st Cir.1988)); Quinn v. City of Boston, 325 F.3d 18, 26 (1st Cir.2003)(noting that the trial judge must make more than a “rote recital of Rule 54(b)’s talismanic phrase”). When a non-defaulting party continues to litigate, ensuring collection of a judgment is a proper basis under Rule 54(b) to enter a final judgment against a defaulting party. See Storage Computer Corp. v. Worldwide Domination Corp., 208 F.R.D. 474, 476 (D.N.H.2002). In that situation, a delay in entering a final judgment will cause an injustice to the plaintiff because the plaintiff may become unable to collect. Id. This Court concludes that there is no just reason for delay and Plaintiffs’ motion must be granted because the limited pool of Hamas assets against which Plaintiffs may execute this Court’s judgment is steadily- depleting. There is strong evidence that the Holy Land Foundation for - Relief and Development (“HLF”) operates as a fund-raiser for Ha-mas in the United States. Holy Land Found. for Relief and Dev. v. Ashcroft, 333 F.3d 156, 163 (D.C.Cir.2003). On December 4, 2001, the Office of Foreign Asset Control, a division of the Treasury Department, determined that the HLF acts “for or on behalf of’ Hamas and was thus a Specially Designated Terrorist under Executive Order 12947 and a Specially Designated Global Terrorist under Executive Order 13224. Holy Land Found. for Relief and Dev. v. Ashcroft, 219 F.Supp.2d 57, 64 (D.D.C.2002). These designations allowed the Treasury Department to block all of the HLF’s funds, accounts, and real property. Id. The Terrorism Risk Insurance Act of 2002, (“TRIA”) subjects the blocked assets of a terrorist party, and any agency or instrumentality of that terrorist party, to execution or attachment in order to satisfy a judgment against them on any claim based on an act of terrorism. Pub. L. No. 107-297, 116 § 201(a), Stat. 2322 (2002). The HLF is an agency and instrumentality of Hamas because it acts “for or on behalf of’ Hamas as Hamas’ fund-raising agent in the United States. Therefore, the HLF’s blocked assets are also subject to attachment and execution under the TRIA in order to satisfy the present judgment against Hamas. However, these blocked assets are steadily depleting because the Treasury Department has allowed the HLF to use the assets to pay its attorneys to challenge the blocking order and defend the HLF against a civil action arising from its collection of funds for Hamas. An Assessment of the Tools Needed to Fight the Financing of Terrorism Before the Senate Comm, on the Judiciary, 107th Cong. Nov. 20, 2002 (testimony of Nathan Lewin, Esq. of Lewin & Lewin, LLP), available at: 2002 WL 31648382, at *37. Any delay in entering a final judgment against Hamas will allow further depletion of these assets and reduce the amount of money available to satisfy this Court’s judgment. Given Presidents Clinton and Bush’s designations of Hamas as a terrorist organization, it is unlikely that Hamas will bring any new assets into the United States. See Exec. Order No. 12947, 60 Fed. Reg. 5079 (Jan. 23, 1995); Exec. Order No. 13224, 66 Fed. Reg. 49,079 (Sept. 23, 2001). Therefore, the blocked assets of the HLF and Hamas may be Plaintiffs’ sole source of money to satisfy this Court’s judgment. When the HLF and/or Hamas fully deplete these assets, this Court’s judgment against Ha-mas will likely become a dead letter. Such a result would defeat Congress’ clear intent that 18 U.S.C. § 2333 deter terrorist acts through the enforcement of civil causes of action such as the one presently before the Court. Simply put, time is of the essence. Any delay in entering a final judgment against Hamas may make Plaintiffs unable to collect the compensation due to them and cause Plaintiffs to suffer further injustices at the hands of Hamas. Therefore, it is the determination of this Court that there is no just reason for delay and that Plaintiffs’ motion to enter a final judgment against Hamas should be granted. For the aforementioned reasons, and those set forth in the Report and Recommendation attached hereto, this Court, hereby, 1) adopts Judge Martin’s Report and Recommendation, except with regard to prejudgment interest; 2)finds that there is no just reason for delay; and 3)orders the Clerk to enter a final judgment against Hamas with specificity in the amounts indicated below after the trebling provided for in 18 U.S.C. § 2333: Estate of Yaron Ungar for lost earnings: for pain and suffering of decedent: 00 o to o i — ! O cvf O CO o r-i t-H Dvir Ungar (son) for loss of companionship, society, and guidance and mental anguish: for loss of parental services: $ 30,000,000.00 $ 488,482.50 Yishai Ungar (son) for loss of companionship, society, and guidance and mental anguish: for loss of parental services: $ 30,000,000.00 $ 488,482.50 Judith Ungar (mother) for loss of society and companionship and mental anguish: $ 15,000,000.00 Meir Ungar (father) for loss of society and companionship and mental anguish: $ 15,000,000.00 Michal Cohen (sister) for loss of society and companionship and mental anguish: $ 7,500,000.00 Amichai Ungar (brother) for loss of society and companionship and mental anguish: $ 7,500,000.00 Dafna Ungar (sister) for loss of society and companionship and mental anguish: $ 7,500,000,00 Total: $116,409,123.00 Plaintiffs, as a group, are also awarded $65,621.25 for attorney’s fees and $1,437.72 in court costs. The Clerk shall enter judgment forthwith. It is so ordered. The Estates of Yaron Ungar and Efrat Ungar by and through the Administrator of their estates David Strachman, Dvir Ungar, minor, by his guardian and next friend, Yishai Ungar, minor, by his guardians and next friend, Professor Meyer Un-gar, Judith Ungar, Rabbi Uri Dasberg, Judith Dasberg (individually and in then* capacity as legal guardians of plaintiffs Dvir Ungar and Yishai Ungar); Amichai Ungar, Dafna Ungar and Michal Cohen, Plaintiffs, v. The Palestinian Authority (A.K.A. “The Palestinian Interim Self-Government Authority”), The Palestine Liberation Organization, Yasser Arafat, Jibril Rajoub, Mu-hammed Dahlan, Amin Al-Hindi, Tawfik Tirawi, Razi Jabalí, Hamas — Islamic Resistance Movement (A.K.A. “Harakat Al-Muqawama Al-Islaniyya”), Abdel Rahman, Ismail Abdel Rahman Ghanimat, Jamal Abdel Fatah Tzabich Al Hor, Raed Fakhri Abu Hamdiya, Ibrahim Ghanimat and Iman Mahmud Hassan Fuad Kafishe, Defendants. REPORT AND RECOMMENDATION MARTIN, United States Magistrate Judge. Before the court is Plaintiffs’ Motion to Enter Default Judgment Against Defendants Hamas and Hamas Operatives (“Motion to Enter Default Judgment”) pursuant to Fed.R.Civ.P. 55(b)(2). This matter has been referred to me for preliminary review, findings, and recommended disposition pursuant to 28 U.S.C. § 636(b)(1)(B) and D.R.I. Local R. 32(a). A hearing on the motion was conducted on July 12, 15, and 19, 2002. After reviewing the memo-randa and exhibits submitted and performing independent research, I recommend that the Motion to Enter Default Judgment be granted as to defendant Hamas— Islamic Resistance Movement (a.k.a. “Har-akat Al-Muqawama Al-Islamiyya”) (“Ha-mas”), but denied as to defendants Abdel Rahman Ismail Abdel Rahman Ghanimat (“Rahman Ghanimat”), Jamal Abdel Fatah Tzabich Al Hor (“Hor”), Raed Fakhri Abu Hamdiya (“Abu Hamdiya”), Ibrahim Gha-nimat, and Iman Mahmud Hassan Fuad Kafishe (“Kafishe”). I further recommend that plaintiffs be awarded $116,409,123.00 in damages, plus interest, attorneys fees of $65,621.25, and costs of $1,437.72. I. Background This lawsuit stems from the June 9, 1996, murder of an American citizen living in Israel, Yaron Ungar, and his Israeli wife, Efrat Ungar, by the terrorist group Hamas. The action is brought by his legal representative and his heirs pursuant to the Antiterrorism Act of 1990 (“ATA”), 18 U.S.C. § 2333, which provides a cause of action for American nationals whose person, property, or business is injured by reason of an act of international terrorism. The Ungars were attacked near Beit Shemesh, Israel, as they drove home from a wedding. A vehicle, driven by Abu Hamdiya and occupied by Rahman Ghani-mat and Hor, overtook the Ungar car, and Rahman Ghanimat and Hor fired Kalishni-kov machine guns at it. Yaron and Efrat Ungar were fatally wounded, but the fusillade of bullets missed their ten month old son, plaintiff Yishai Ungar, who was in the back seat. Another son, plaintiff Dvir Un-gar, then age twenty months, was not in the vehicle at the time of the attack. Subsequent events are detailed in the July 24, 2001, Decision and Order of Senior Judge Ronald L. Lagueux, see Estates of Ungar v. Palestinian Authority, 153 F.Supp.2d 76 (D.R.I.2001), relevant portions of which are quoted below: Abu Hamdiya, Rahman Ghanimat, and Hor were arrested following the shooting attack. A fourth man, defendant [Kafishe], was also arrested in connection with the shooting. In addition, a warrant was issued for the arrest of Ibrahim Ghanimat on charges relating to the murders of Yaron and Efrat Un-gar. Ibrahim Ghanimat remains at large and is believed to be residing within territory controlled by defendant PA [the Palestinian Authority]. All five men involved in the shooting are members of Hamas Islamic Resistance Movement, also known as “Hara-kat Al-Muqawama Al-Islamiyya” (“Ha-mas”). A terrorist group dedicated to murdering Israeli and Jewish individuals through bombings, shootings, and other violent acts, Hamas is based in and operates from territories controlled by defendants PA, PLO [Palestine Liberation Organization], and Yasser Arafat. Terrorist attacks are staged by small groups of Hamas members organized as a cell for the purpose of carrying out terrorist activities. Abu Hamdiya, Rah-man Ghanimat, Hor, Kafishe, and Ibra-him Ghanimat comprised the terrorist cell that murdered the Ungars. On May 3, 1998, Abu Hamdiya was convicted by an Israeli court of membership in Hamas and of abetting the shooting murders of Yaron Ungar and Efrat Ungar. On October 21, 1998, an Israeli court convicted Rahman Ghanimat and Hor of membership in defendant Hamas and of the murders of Yaron Ungar and Efrat Ungar. On November 3, 1998, Kafishe was convicted by an Israeli court of membership in Hamas and of being an accessory to the murders of Yaron and Efrat Ungar. Thereafter, on October 25, 1999, an Israeli court appointed attorney David Strachman (“Strachman”) as administrator of the Estates of Yaron and Efrat Ungar. Strachman was appointed as the administrator of the Ungars’ estates for the express purpose of administering and realizing assets, rights, and causes of action that could be pursued on behalf of the Ungars’ estates within the United States. On March 13, 2000, plaintiffs filed an action pursuant to 18 U.S.C. § 2333 et seq. and related torts in the United States District Court for the District of Rhode Island. The following parties are listed as plaintiffs: the Estate of Yaron Ungar and the Estate of Efrat Ungar, represented by Strachman; Dvir Ungar and Yishai Ungar, the minor children and heirs-at-law of Yaron Ungar and Efrat Ungar; Professor Meyer Ungar and Judith Ungar, the parents of Yaron Ungar and the legal guardians of plaintiffs Dvir and Yishai Ungar; Rabbi Uri Dasberg and Judith Dasberg, the parents of Efrat Ungar and the legal guardians of plaintiffs Dvir and Yishai Ungar; and Amichai Ungar, Dafna Ungar, and Michal Cohen, the siblings of Yaron Un-gar. Plaintiffs Professor Meyer Ungar and Judith Ungar bring this action both as the legal guardians of plaintiffs Dvir and Yishai Ungar and in their individual capacities. Similarly, plaintiffs Rabbi Uri Dasberg and Judith Dasberg bring this action both as the legal guardians of plaintiffs Dvir and Yishai Ungar and in their individual capacities. The defendants named in this lawsuit can be divided into two groups. The first group is comprised of the PA defendants .... [] The second group of defendants is comprised of the Hamas defendants (“Hamas defendants”). This group includes Hamas, as well as the individual operatives of Hamas responsible for the shooting attack that killed Yaron and Efrat Ungar: Rahman Ghanimat, Hor, Abu Hamdiya, Kafishe, and Ibrahim Ghanimat. .... Count I alleges that defendants engaged in acts of international terrorism as defined by 18 U.S.C. §§ 2331 and 2333.... [] .... Plaintiffs ... allege that the Ha-mas defendants planned and executed acts of violence against civilians in Israel, Gaza and the West Bank, including the murders of Yaron and Efrat Ungar. Plaintiffs contend that defendants’ actions constitute acts of international terrorism because their actions: (1) were dangerous to human life and are a violation of the criminal laws of the United States,[] (2) appear to be intended to intimidate or coerce a civilian population, or to influence the policy of a government by means of intimidation or coercion, and (3) occurred outside the territorial jurisdiction of the United States. Estates of Ungar v. Palestinian Authority, 153 F.Supp.2d 76, 83-84 (D.R.I.2001)(third footnote renumbered from original). II. Travel The Complaint in this matter was filed on March 13, 2000. See Document # 1. Service upon Ibrahim Ghanimat was effectuated in accordance with The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the “Convention”), specifically sub-paragraph (a) of the first paragraph of Article 5, on April 16, 2000, by delivering a copy of the summons and Complaint to Jamal Abo-Toa-meh, a licensed advocate, at 4 Saladin Street, Jerusalem, Israel. See Document # 20. Hor, Abu Hamdiya, Rahman Ghani-mat, and Kafishe were personally served in prison in Israel, pursuant to the Convention. See Documents # 11, # 26, # 28, # 29. Hamas was served by delivery of a copy of the summons and Complaint to Mohammed Abdul Hamid Khalil Salah at 9229 South Thomas, Bridgeview, Illinois, on June 21, 2000, see Document # 23, and to Sheik Ahmed Yassin in Gaza, Palestinian Authority, on July 27, 2000, see Document # 27. On September 6, 2000, Plaintiffs’ Application for Entry of Default as to defendants Rahman Ghanimat, Hor, Abu Ham-diya, Ibrahim Ghanimat, Kafishe, and Hamas was filed. See Document #30. Default was entered by the clerk against these defendants on September 7, 2000. See Document # 32. The instant Motion to Enter Default Judgment was filed on November 29, 2000. See Document # 38. It was referred to this Magistrate Judge for findings and recommendations on June 6, 2002. The PA defendants filed an objection to the motion on July 11, 2002, see Document # 77, but the objection was held by this Magistrate Judge to be untimely and overruled at the commencement of the July 12, 2002, hearing on the Motion to Enter Default Judgment. The hearing continued on July 15 and 19, 2002. Thereafter, the court took the matter under advisement. III. Jurisdiction As an initial matter, when judgment is sought against parties who have failed to plead or otherwise defend, a district court has an affirmative duty to assure itself that it has jurisdiction over both the subject matter and the parties. See Sys. Pipe & Supply, Inc. v. M/V Viktor Kurnatovskiy, 242 F.3d 322, 324 (5th Cir.2001); In re Tuli, 172 F.3d 707, 712 (9th Cir.1999); Dennis Garberg & Assocs., Inc. v. Pack-Tech Int’l Corp., 115 F.3d 767, 772 (10th Cir.1997); Williams v. Life Sav. & Loan, 802 F.2d 1200, 1203 (10th Cir.1986); Koshel v. Koshel, No. CIV.A.3:01-CV-2006-M, 2002 WL 1544681, at *4 (N.D.Tex. July 11, 2002)(holding that jurisdiction must be established as a threshold matter before a motion for entry of default judgment can be granted); see also Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 50 (1st Cir.2002)(“To hear a case, a court must have personal jurisdiction over the parties, ‘that is, the power to require the parties to obey its decision.’ ”)(quoting United States v. Swiss Am. Bank, Ltd., 191 F.3d 30, 35 (1st Cir.1999)); Letelier v. Republic of Chile, 488 F.Supp. 665, 668 (D.D.C.1980)(holding that issue of subject matter jurisdiction should be fully explored despite previous entry of default); cf. Hugel v. McNell, 886 F.2d 1, 3 n. 3 (1st Cir.1989)(“[W]here the court rendering the default judgment is shown to lack personal jurisdiction over the defendant, ... the judgment may be vacated and set aside by the rendering court on motion, or by another court on collateral attack.”)(quoting 6 Moore’s Federal Practice para. 55.09) (alteration in original). Accordingly, this court examines both subject matter and personal jurisdiction. A. Subject Matter Jurisdiction . Judge Lagueux’s analysis and finding of subject matter jurisdiction as to the PA defendants applies equally to the Hamas defendants. Count I of plaintiffs’ complaint pleads a federal cause of action pursuant to 18 U.S.C. § 2333. 18 U.S.C. § 2333 provides that: [a]ny national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees. 18 U.S.C. § 2333(a). In addition, 18 U.S.C. § 2338 provides that “[t]he district courts of the United States shall have exclusive jurisdiction over an action brought under this chapter.” 18 U.S.C. § 2338 (1994). Therefore, this Court has subject matter jurisdiction over Count I of plaintiffs’ complaint if plaintiffs have alleged sufficient facts to invoke § 2333. Plaintiffs’ complaint alleges that Yar-on Ungar is a United States citizen. Pis.’ Compl. ¶ 1. It further alleges that Yaron Ungar was murdered by an act of international terrorism as defined by 18 U.S.C. § 2331. Id. at ¶¶ 1, 21-23. The Estate of Yaron Ungar is represented by a court-appointed administrator, plaintiff Strachman, a resident and domiciliary of the State of Rhode Island. Id. at ¶ 4. Although the complaint alleges additional facts demonstrating the existence of subject matter jurisdiction as to Count I of the complaint, the Court need not go any further. Viewing the complaint in the light most favorable to plaintiffs, they have alleged sufficient facts to demonstrate that this Court has subject matter jurisdiction over Count I of the complaint. Estates of Ungar v. Palestinian Authority, 153 F.Supp.2d 76, 85-86 (D.R.I.2001)(alterations in original). B. Personal Jurisdiction Plaintiffs argue that the court may exercise personal jurisdiction over both Hamas and the five individual Hamas defendants consistent with the Due Process Clause of the Fifth Amendment. See Memorandum in Support of Plaintiffs’ Motion to Enter Default Judgment Against Defendants Ha-mas and Hamas Operatives (“Plaintiffs’ Mem.”) at 2-27. As to defendant Hamas, plaintiffs contend that this court has personal jurisdiction through domestic service of process pursuant to 18 U.S.C. § 2334(a), see id. at 2-10, and Fed.R.Civ.P. 4(k)(l)(D), see id. at 4-10, or in the alternative, pursuant to Fed.R.Civ.P. 4(k)(2), see id. at 10-26. As to defendants Rah-man Ghanimat, Hor, Abu Hamdiya, Ibra-him Ghanimat, and Kafishe (the “individual Hamas defendants”), plaintiffs argue that the court has personal jurisdiction pursuant to Fed.R.Civ.P. 4(k)(2). See id. This court’s exercise of personal jurisdiction over the Hamas defendants must be consistent with the constitutional requirements of minimum contacts and due process. See Estates of Ungar v. Palestinian Authority, 153 F.Supp.2d 76, 82 (D.R.I.2001). Judge Lagueux’s prior explication of the law regarding personal jurisdiction is fully applicable here. In a federal question case, the starting point of this Court’s minimum contacts analysis is the Due Process Clause of the Fifth Amendment. U.S. Const, amend. V. “When the district court’s subject-matter jurisdiction rests wholly or in part on the existence of a federal question, the constitutional limits of the court’s personal jurisdiction are drawn in the first instance with reference to the due process clause of the fifth amendment.” Lorelei Corp. v. County of Guadalupe, 940 F.2d 717, 719 (1st Cir.1991). The relevant inquiry under such circumstances is whether the defendant has minimum contacts with the United States as a whole, rather than whether the defendant has minimum contacts with the particular state in which the federal court sits. See id. at 719-20. The reasoning behind this rule of law was aptly explained by Judge Selya in United Elec., Radio and Mach. Workers v. 163 Pleasant St. Corp., 960 F.2d 1080 (1st Cir.1992). Inasmuch as the federalism concerns which hover over the jurisdictional equation in a diversity case are absent in a federal question case, a federal court’s power to assert personal jurisdiction is geographically expanded. In such circumstances, the Constitution requires only that the defendant have the requisite “minimum contacts” with the United States, rather than with the particular forum state (as would be required in a diversity case). Id. at 1085 (citing Lorelei, 940 F.2d at 719; Trans-Asiatic Oil Ltd. v. Apex Oil Co., 743 F.2d 956, 959 (1st Cir.1984)). Despite the fact that “the physical scope of the court’s constitutional power is broad,” Lorelei, 940 F.2d at 719, this Court’s inquiry is not yet complete. Before a district court can exercise personal jurisdiction over a defendant in a federal question case, plaintiff must also establish that service of process is authorized by a federal statute or rule. See id. This statutory limitation on the district court’s exercise of personal jurisdiction must be satisfied, for although’ service of process and personal jurisdiction are distinct concepts, they are also closely related, and a court cannot obtain personal jurisdiction without effective service of process. Lorelei, 940 F.2d at 719-20 n. 1 (citing Driver v. Helms, 577 F.2d 147, 155 (1st Cir.1978)). Estates of Ungar v. Palestinian Authority, 153 F.Supp.2d 76, 87 (D.R.I.2001). To determine whether the above requirements have been satisfied, the court asks whether plaintiffs have made a prima facie showing that the Hamas defendants have minimum contacts with the United States as a whole. See King Vision Pay-Per-View Ltd. v. Spice Restaurant & Lounge, Inc., 244 F.Supp.2d 1173, 1177 (D.Kan.2003)(“When considering a motion for default judgment, the court must first determine that plaintiff has made a prima facie showing of the court’s personal jurisdiction over the defaulting party.”); cf. United States v. Swiss American Bank, Ltd., 274 F.3d 610, 618 (1st Cir.2001)(applying prima facie standard where court rules upon motion to dismiss for lack of personal jurisdiction without conducting an evidentiary hearing); Estates of Ungar v. Palestinian Authority, 153 F.Supp.2d at 88 (applying prima facie test in context of motion to dismiss filed by defendants). In deciding whether plaintiffs have made the requisite showing, the court may look to the allegations contained in the Complaint. See Hugel v. McNell, 886 F.2d 1, 4-5 (1st Cir.1989)(finding allegations in complaint sufficient to enable district court to exercise in personam jurisdiction and enter default judgment against non-resident defendant). The court also “must accept the plaintiffs (properly documented) evidentia-ry proffers as true for the purpose of determining the adequacy of the prima facie jurisdictional showing.” Foster-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1st Cir.1995)(noting that the prima facie standard is a useful means of screening out cases in which personal jurisdiction is obviously lacking). Affidavits submitted are to be construed in the light most favorable to the plaintiff. See Deprenyl Animal Health, Inc. v. Univ. of Toronto Innovations Found., 297 F.3d 1343, 1347 (Fed.Cir.2002) (“[W]hether the plaintiff has made a prima facie showing of personal jurisdiction over the defendant requires construing the pleadings and affidavits in the light most favorable to the plaintiff.”)(eiting Graphic Controls Corp. v. Utah Med. Prods., Inc., 149 F.3d 1382, 1383 n. 1 (Fed.Cir.1998)); Market/Media Research, Inc. v. Union-Tribune Publ’g Co., 951 F.2d 102, 104 (6th Cir.1992); Gallery 13 Ltd. v. Easter, No. 93 CIV. 8865(KMW), 1995 WL 258143, at *1 (S.D.N.Y. May 2, 1995)(holding that for purpose of motion for entry of a default judgment “[wjhether plaintiff has made a prima facie showing [of personal jurisdiction over the defendants] is to be determined with all pleadings and affidavits construed in the light most favorable to plaintiff.”). 1. Hamas Plaintiffs contend that jurisdiction over Hamas is established through domestic service of process pursuant to 18 U.S.C. § 2334(a) and Federal Rule of Civil Procedure 4(k)(l)(D). See Plaintiffs’ Mem. at 2-6. Rule 4(k)(l)(D) provides that service of a summons is effective to establish jurisdiction over the person of a defendant “when authorized by a statute of the United States.” Fed.R.Civ.P. 4(k)(l)(D). 18 U.S.C. § 2334(a) states that “[p]rocess in [a civil action under section 2333 of this title] may be served in any district where the defendant resides, is found, or has an agent.” 18 U.S.C. § 2334(a). Therefore, plaintiffs have made a prima facie showing of personal jurisdiction as to Hamas if: (1) Hamas has minimum contacts with the United States as a whole, and (2) Hamas was served in any district where it is found, or has an agent. See Estates of Ungar v. Palestinian Authority, 153 F.Supp.2d at 88 (making same analysis in the case of defendants PA and PLO.) a. Evidence of Minimum Contacts The exhibits attached to Plaintiffs’ Mem. and information contained in In the Matter of Extradition of Mousa Mohammed Abu Marzook (“Marzook”), 924 F.Supp. 565 (S.D.N.Y.1996), persuade this court that Hamas has minimum contacts with the United States. Some additional background information is necessary to appreciate the significance of certain facts on which the court relies in making this finding. Hamas was “founded in the Israeli Occupied Territories in 1987 at the beginning of the Intifada, the Palestinian-led campaign to resist Israeli political dominion over the occupied territories.” Plaintiffs’ Mem., Exhibit (“Ex.”) B (Affidavit of [FBI Special Agent] Robert Wright) (“Wright Aff.”) at 3 n. 1. The stated objective of Hamas is the establishment of a Palestinian identity and homeland. See Marzook, 924 F.Supp. at 568; Wright Aff. at 3 n. 1. Hamas operates through a political branch and a military branch. See id. The political wing promotes political awareness of Palestinian issues and provides education, health care, and other social services. See Marzook, 924 F.Supp. at 568. The military wing engages in hostile activities in Israel, see id., and it has claimed credit for violent attacks in that country which are commonly described as terrorist activities, see Wright Aff. at 3-4 n. 1. During an extradition proceeding conducted in the Southern District of New York in 1996, Mousa Mohammed Abu Marzook (“Abu Marzook”) admitted to being the head of the political wing of Ha-mas, see Marzook, 924 F.Supp. at. 568, and its “de facto ambassador to the world,” id. at 586. He had become the acting leader of Hamas in 1989, following the arrest of Sheikh Yassin, a Hamas leader based in Gaza. See Plaintiffs’ Mem., Ex. E (Affidavit of Yehudit Barsky)(“Barsky Aff.”) ¶ 7. Abu Marzook admitted during the extradition proceedings that he had been -the leader of Hamas since 1992. See id. Abu Marzook is a native of Rafia, Gaza, who moved to the United States in 1973, and eventually settled in the Washington, D.C./Northern Virginia area as a resident alien until 1993. Between 1993 and 1995, he resided principally in Jordan, which deported him in June of 1995 for his involvement and senior position in HAMAS. In July of 1995, after making trips to Iran and Syria, Abu Mar-zook attempted to reenter the United States at which time he was arrested by Customs and INS officials at the request of the Israeli government which sought to prosecute Abu Marzook for numerous crimes in connection with his leadership of HAMAS. Wright Aff. ¶ 37. Israel sought Abu Mar-zook’s extradition. See Marzook, 924 F.Supp. at 568. Having provided this additional background, the court now states the facts which demonstrate the existence of minimum contacts. First, Abu Marzook, the admitted leader of the political wing of Hamas, see Marzook, 924 F.Supp. at 568, resided in the United States until 1993, see Wright Aff. ¶37; see also Marzook, 924 F.Supp. at 578 (noting that he “has been a resident in the United States for a number of years and that some of his children have United States citizenship by birth”). It is a reasonable inference that between 1989, when he became acting leader of Hamas, and 1993, when he relocated to Jordan, Abu Marzook conducted significant activities while in the United States on behalf of Hamas. Although it is theoretically possible that Abu Marzook could have left the United States every time he needed to do anything in his role as leader and to have otherwise scrupulously avoided all Hamas activities, including receiving communications about Hamas matters, such a scenario defies common sense. Second, the exhibits submitted indicate that Hamas has used United States banks to deposit and transfer funds to Hamas members and Hamas related organizations in this country and abroad. See Wright Aff. ¶¶ 2, 4, 21, 38, 41, 45-55; Barsky Aff. ¶¶ 9-10, 14, 19. For example, bank records indicate that between 1989 and January 1993, more than $752,800 flowed from Abu Marzook (or accounts controlled by Abu Marzook) to Muhammed Salah (“Sa-lah”), see Wright Aff. ¶ 38, a naturalized American citizen and Chicago area resident, see id. ¶ 4. Salah was arrested in Israel in January of 1993 and pled guilty in January of 1995 to belonging to Hamas and illegally channeling funds to it, including funds transferred through an account which Salah and his wife jointly held at the LaSalle Taiman Bank (“LaSalle Bank”) in Chicago. See id. ¶ 4. During the four week period immediately preceding Salah’s arrest in Israel, see Wright Aff. ¶¶ 4, 57, “close associates of Abu Marzook initiated a series of wire transfers into Salah’s LaSalle Bank account totaling $985,000,” id. ¶45. On December 29, 1992, $300,000 was transferred from an account, which was jointly held by Abu Marzook and Ismail Selim Elbarasse (“Elbarasse”), at the First American Bank of McLean, Virginia, to Salah’s LaSalle Bank account. See id. ¶ 47. Salah flew to Jerusalem on January 13, 1993. See id. ¶ 49. After arriving there, Salah withdrew a significant portion of the $300,000 which had been placed into his account by Elbarasee. See id. On January 19, 1993, Salah directed the wire transfer of $200,000 from his LaSalle Bank account to an account at First Chicago Bank of Ravenswood held by Rihbe Abdel Rhaman, see id. ¶ 50, a money changer in Ramallah, West Bank,” Marzook, 924 F.Supp. at 592. 51. According to bank records reviewed by the FBI, the successful transfer of the $200,000 on January 20, 1993 was closely followed by a succession of large wire transfers from HAMAS-relat-ed sources into Mohammed and Azita [Salahj’s LaSalle Bank account. Records from the Salahs’ LaSalle Bank account and the First American account of Elbarasse and Abu Marzook show that on January 20, 1993, Elbarasee wire transferred $135,000 into the Salahs’ La-Salle Bank account, and followed it with another wire transfer of $300,000 on January 25,1993. 52. Bank records for the First American Bank of Virginia account held jointly by Abu Marzook and Elbarasse show a further influx of overseas money just prior to this second round of wire transfers to the Salahs’ LaSalle Bank account. On January 4, 1993, a second $99,985 wire transfer was received into the First American Account from an individual named Gazi Abu Samah. On January 22, 1993, the First American account was credited another $665,000 from a wire transfer from Faisal Financial of Geneva, Switzerland. 53. FBI review of bank records also show that during the same period, Nasser Al-Khatib ([“]Al-Khatib”), a United States-based supporter and fi-naneial backer of HAMAS and close associate of Abu Marzook, wire transferred additional funds into Salah-con-trolled accounts in Chicago. In an interview with the FBI in March of 1994, Al-Khatib acknowledged being a supporter of HAMAS, and that he donated money to HAMAS causes. Al-Khatib further related that prior to leaving the United States in June of 1993, he was an employee of Abu Marzook, serving essentially as Abu Marzook’s personal secretary. In that capacity, Al-Kha-tibn explained, he had access to and was a signatory to some of Abu Mar-zook’s financial accounts, and that he had made financial transactions on Abu Marzook’s behalf. 54. A review of bank records reveals that on January 21, 1993, Al-Khatib wired $50,000 into Salah’s La Salle Bank account. On the same day, he wired an additional $30,000 into Standard Bank & Trust account number 2393288006-2 held jointly by Salah and his wife. Standard Bank & Trust records reflect that the wire from Al-Khatib was credited in Azita Salah’s name. Al-Khatib followed with a $170,000 wire transfer on January 22, 1993 into the Salah’s [sic] Standard Trust Bank account number 239328006-2.[] Wright Aff. ¶¶ 51-54 (footnote in ¶53 omitted). When Salah was arrested by Israeli authorities on January 25, 1993, he had $97,400 in his possession. See id. ¶ 55. He also had extensive notes of the meetings he had conducted with Hamas operatives and contacts in Israel and the occupied territories over the preceding eleven days. See id. On February 10, 1995, the Office of Foreign Assets Control, U.S. Department of the Treasury, ordered all of the known bank accounts of Salah and his wife frozen on the basis that there was reason to believe he had acted on behalf of Hamas, an organization designated by President Clinton, in Executive Order No. 12947, as a terrorist organization. See id. ¶ 61. Third, Salah admitted to Israeli authorities that he was the head of the military wing of Hamas, see Marzook, 924 F.Supp. at 587; see also Barsky Aff. ¶ 11, and that he had engaged in activity on behalf of Hamas both in the United States and abroad, see Wright Aff. ¶ 12; Barsky Aff. ¶¶ 11-13. 12. While in Israeli custody after his arrest on January 25, 1993, Salah made a series of statements to Israeli authorities in which he admitted his activities in the United States and abroad as a HAMAS military operative prior to and during the period he was claiming to be a computer analyst for QLI.[] According to Salah, his involvement with HA-MAS began approximately in 1988 and continued through to the date of his arrest by Israeli authorities on January 25, 1993. Salah further divulged that his activities for HAMAS, domestically and internationally, included recruiting and training new candidates for membership in HAMAS military cells in the Israeli Occupied Territories and to perform terrorist acts, primarily in the State of Israel. Salah told Israeli authorities that his recruitment activities included, among other things, conducting interviews and background checks, as well as identifying and sorting prospective candidates on the basis of expertise and skills relating to, among other things, knowledge of chemicals, explosives and the construction of terrorist devices that might be used in HAMAS military operations in Israel and elsewhere. His training activities for HAMAS, according to Salah, included mixing poisons, development of chemical weapons, and preparing remote control explosive devices. 13. Salah also admitted having served as a financial conduit for HA-MAS operations. Relatedly, he admitted to directly financing domestic and international travel and terrorism training for new HAMAS members. Airline records obtained by the FBI show that Salah purchased airline tickets for travel between the United States and sites in the Middle East for himself and other suspected HAMAS terrorists.... A review of the Salahs’ bank records revealed that Salah paid for the airfare by executing a check, dated September 29, 1992, drawn from the subject LaSalle Bank account that Salah jointly held with his wife Azita. Additionally, Salah has acknowledged in statements to Israeli authorities that these trips were taken for the purpose of receiving training in preparation for HAMAS military and terrorist operations in Israel. 14. Bank and airline records obtained by the FBI and reviewed in conjunction with statements to Israeli authorities by Salah and other HAMAS operatives indicate that between June 18, 1991 and December 30, 1992, Mohammed Salah expended in excess of $100,000 in direct support of HAMAS military activities. Wright Aff. ¶¶ 12-14. Salah also told Israeli authorities that in December of 1992, he was ordered by Abu Marzook to travel to Israel’s West Bank in January of 1993 to carry out five missions on behalf of Hamas. See Wright Aff. ¶ 36. “Abu Marzook instructed him to distribute $790,000 to Hamas cells in support of HA-MAS-sponsored military (or terrorist) activities.” Id. ¶ 41. In addition: 42. Salah told Israeli authorities that Abu Marzook also identified by name specific contacts and operatives with whom Salah was to meet to gather further information and make assessments regarding HAMAS’ situation following the mass deportations and resulting leadership vacuum. Additionally, Abu Marzook provided Salah with the names of specific individuals who were to be placed into leadership positions in various mosques and units to replace those who had been deported. 43. In response to Abu Marzook’s various directives, Salah made arrangements for air travel from the United States to sites in the Middle East for himself and other HAMAS operatives. The air travel was booked through Gha-da Sharif. Sharif was Salah’s regular travel agent for such purposes, having previously booked the airline reservations for Salah to fly to Israel to conduct HAMAS business in August or September of 1992, as well as those of Hamas operatives Alwan Shareef and Razick Saleh Abdel Razick to fly to Syria in September of 1992 for HAMAS military training. Wright Aff. ¶¶ 42-43. It is a reasonable inference from the above information that Abu Marzook issued and Salah received the above mentioned orders and instructions while the two men were in the United States. Fourth, the Wright Aff. provides a sufficient basis for concluding that Salah used the Quranic Literacy Institute (“QLI”) of Oak Lawn, Illinois, as a means of disguising and furthering his activities in the United States, see Wright Aff. ¶ 11 (“Sa-lah’s claimed employment with QLI was likely a cover for his position as a high-level HAMAS military operative.”), and that QLI assisted Salah in this endeavor, see id. ¶¶ 6-10. Sometime after January 1, 1991, Salah applied for a mortgage loan in excess of $100,000 from Standard Bank & Trust Company of Evergreen Park, Illinois, to purchase a residence at 9229 S. Thomas, Bridgeview, Illinois. See Wright Aff. ¶ 7. In the application for the loan, Salah claimed that his only employment was that of a $36,000 a year computer analyst with QLI. See id. QLI verified Salah’s employment by submitting an employment verification letter on QLI letterhead signed by QLI’s Corporate Secretary and Trustee, Amer Haleem. See id. Yet, an examination of QLI’s business records by the FBI failed to disclose any type of regular periodic payments to Salah, such as paychecks, or tax withholding records which would indicate that Salah was an employee of QLI. See id. ¶ 9. On February 6, 1998, QLI’s attorney denied that that QLI had ever employed Salah. See id. Salah’s wife also denied that he was employed by QLI and stated that he only performed volunteer work for the organization. See id. ¶ 9. The FBI concluded that the income tax returns for the years 1988, 1989, and 1990, which Salah had submitted with his mortgage application, were falsified. See id. ¶ 10. 21. A review of bank records further indicates that QLI and QLI-related entities or individuals likely were a source of funds for Salah’s HAMAS-related expenditures between 1991 and his arrest in January of 1993 and beyond. They also suggest that the QLI-related transfers of funds to Salah were, in significant part, structured in an effort to conceal QLI as the source of the funds. Id. ¶ 21. Fifth, there is evidence that real estate purchased by QLI was used to support Salah’s Hamas related activities. See Wright Aff. ¶¶ 24-35, 44; see also United States v. One 1997 E35 Ford Van, VIN 1FBJS31L3VHB70844 (“U.S. v. One 1997 E35 Ford Van”), 50 F.Supp.2d 789, 804 (N.D.Ill.1999)(stating that the complaint for forfeiture raises that inference). Paragraphs 24 through 35 of Wright’s affidavit detail QLI’s purchase in 1991 of a large unimproved lot in Woodridge, Illinois, for $820,000. The purchase was accomplished through a chain of transactions which obscured QLI’s connection to the purchase and to the overseas transfer of $820,000 from a Saudi entity with which the deal was fina