Death of Daniel Wultz explained

Daniel Wultz was a Jewish-American teenager and one of 11 people killed in the 2006 Tel Aviv shawarma restaurant bombing at Rosh Ha'ir restaurant in Tel Aviv, Israel. Seventy others were injured. Islamic Jihad claimed responsibility for the attack. On April 17, 2006, around 1:30 pm, a Palestinian suicide bomber approached a crowded restaurant near the old Tel Aviv Central Bus Station. The suicide bomber blew himself up when the security guard stationed at the entrance to the restaurant asked him to open his bag for inspection.[1] [2]

Wultz, 16, a resident of Weston, Florida, was visiting Israel with his family during the Passover holiday when he was caught in the attack. His father, Yekutiel "Tuly" Wultz, was also injured in the bombing. Despite massive wounds and loss of blood, Wultz lived for 27 days after the bombing. A global campaign began shortly after the attack, encouraging people to "Pray for Daniel."[3]

Wultz died on May 14, 2006, Mother's Day, in the United States.[4] [5] [6] [7] [8]

His body was returned to south Florida for burial and a funeral at the Weston Chabad synagogue where he was an active member.[9] [10]

Daniel Cantor Wultz Foundation

Shortly after his death, Daniel Wultz's parents, Yekutiel "Tuly" and Sheryl Wultz established the Daniel Cantor Wultz Foundation to promote tolerance through sports and educational activities. The family worked with the Boston-based David Project to create a curriculum for high school students and organized events in the greater Miami area to promote tolerance including programs with the Robert Sheinberg YMCA of Weston where Daniel participated in sports.[11] [12] The foundation remained active through the Wultz family's settlement with Bank of China.[13]

Cooperation with Simon Wiesenthal Center

In cooperation with the Simon Wiesenthal Center, the Wultz family urged the United Nations to designate suicide bombing a crime against humanity.[14]

Legal actions

Encouraged by the government of Israel, the Wultz family filed lawsuits against the governments of Syria, Iran and Bank of China for their role in the death of their son. In support of the Wultz family's actions in U.S. courts, Israeli intelligence sources voluntarily provided the family and their attorneys with specific information on bank accounts used to fund the terror attack, contact between the Islamic Jihad terror cell, organizers and foreign governments, and details of meetings between Israeli intelligence officers and Bank of China officials that took place before the terror attack in an effort to cut off funding to individuals who were receiving money from Bank of China accounts to facilitate terrorist acts against Israeli targets.[15] [16]

In early 2015, U.S. Magistrate Judge Gabriel Gorenstein ordered Bank of China to "turn over some 1,600 documents related to an internal investigation into BOC accounts formerly held in the name of an alleged Islamic Jihad leader, Said al-Shurafa, and his wife Reem." Litigation Daily reported, "Plaintiffs in the six-year-old case hope the documents will buttress their claims that BOC deliberately turned a blind eye to accounts it knew were being used to funnel money to terrorist operatives in Gaza."[17]

Judgment against Iran and Syria

The family won a case in May 2012 in a U.S. District Court in Washington, D.C., against Iran and Syria for their supporting "Palestinian militants" in this suicide bombing attack. The amount of the judgement was for $323,000,000 and represented the first time a U.S. court issued a judgment against Syria for terror related activities.[18] [19] [20] [21] [22]

In his opinion issued May 14, 2012, Chief Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia wrote, "When a state chooses to use terror as a policy tool—as Iran and Syria continue to do— that state forfeits its sovereign immunity and deserves unadorned condemnation. Barbaric acts like the April 17, 2006 suicide bombing have no place in civilized society and represent a moral depravity that knows no bounds."[23]

Separation and settlement of Bank of China terror financing case

Based on motions from attorneys representing Bank of China, the U.S. District Court in Washington, D.C., separated the Wultz lawsuit against Bank of China and transferred it to the U.S. District Court in New York. The case was dismissed with prejudice on December 16, 2015, when the Wultz family and Bank of China reached a settlement.[24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35]

Boies, Schiller, Flexner

David Boies of Boies, Schiller & Flexner became lead counsel for the Wultz case against Bank of China, which was overseen through settlement by Lee Wolosky, a former director for Transnational Threats on the National Security Council at the White House under Presidents Clinton and George W. Bush.[36]

Changing role of Israeli government

Although the government of Israel originally provided substantial evidence and encouragement to the Wultz family and their attorneys, starting in May 2013, Israeli officials actively sought to thwart the Wultz case against Bank of China.

According to New York Times columnist Roger Cohen, "After Daniel's death, the Israeli government saw a possible means to close down the money channel through United States courts. It pressed Daniel's parents to file suit, saying it would provide evidence, including a witness named Uzi Shaya who had gone to China dozens of times in his role as an Israeli counterterrorism official, and other support. In the words of Lee Wolosky, a Wultz family lawyer, this was an Israeli operation "to use our courts to achieve a sovereign objective." Because that objective seemed critically important, the Wultzes wanted to cooperate."[37] [38] [39] [40] [41] [42] [43] [44] [45] The Israeli policy change came about at the same time Israeli Prime Minister Benjamin Netanyahu traveled to Beijing for an official state visit to China.[37] [46] [47]

Israeli and American media reported Prime Minister Netanyahu agreed to prevent Israeli officials from continuing to support the American legal action against Bank of China in return for the state visit and potential for increased economic, political and trade cooperation between Israel and China.[48] [49]

While the government of Israel had previously allowed former Mossad agent Uzi Shaya[50] and others with direct knowledge of contacts between Israel and Bank of China to provide evidence and testimony regarding meetings with Bank of China officials, following Netanyahu's reported agreement with Chinese officials, the government of Israel claimed allowing Mr. Shaya to provide the same information through direct testimony in a U.S. Court would jeopardize Israeli national security interests.[51] [52] [53] [54] [55] [56] [57] [58]

In a ruling on the issue, U.S. District Judge Shira Scheindlin agreed to quash a subpoena against the former Israeli intelligence officer, writing: "no evidence suggests that Israel intended to waive Shaya's immunity" regarding information he learned in his official capacity as a Mossad agent.[59] Israeli media called the court's decision a "shocking blow" for the Wultz family's case against Bank of China, reporting, "A US federal court has delivered a major and shocking blow to the case of terror victims' families against the Bank of China, granting Israel's request to block a key former government agent from testifying on behalf of the families' case."[60]

Conflict between U.S. and Israel

Leading American lawmakers, such as Ileana Ros-Lehtinen, considered a key longtime supporter of the U.S.-Israel relationship and chair of the House Foreign Affairs Committee that oversees U.S. aid and cooperation with Israel, expressed outrage at Netanyahu's decision to prevent Shaya from testifying in U.S. court, despite his acceptance of a subpoena, and what they considered Israeli efforts to undermine U.S. judicial proceedings.[37] [61] [62] [63] [64] [65] [66]

National Day of Prayer

On May 1, 2014, Republican and Democratic congressional leaders hosted the Wultz family in the office of House Majority Leader Eric Cantor who is Daniel Wultz's cousin, in connection with National Day of Prayer activities. The meeting with Congressman Cantor was co-sponsored by the Wultz family's congressional representative, Congresswoman Debbie Wasserman Schultz, chair of the Democratic National Committee, and attended by Representatives Ileana Ros-Lehtinen, Kay Granger, Eliot Engel, and others.[67] [68]

External links

Notes and References

  1. News: Myre. Greg. Suicide bombing in Israel kills 9, Hamas approves. The New York Times. Tel Aviv. 18 April 2006.
  2. News: Lebovich. Jennifer. Miami Herald. Miami. 19 April 2006.
  3. News: Fantz. Ashley. Miami Herald. Miami. 7 May 2006.
  4. Web site: Death of Daniel Wultz. Israel Ministry of Foreign Affairs. Jerusalem. 14 May 2006.
  5. Web site: Pace. Gina. U.S. Teen Bombing Victim Mourned. . Associated Press. Jerusalem. 15 May 2006.
  6. Web site: Sinai. Uriel. Memorial For Florida Teenager Killed In Suicide Bombing. Getty Images. Jerusalem. 15 May 2006.
  7. Web site: Fantz . Ashley . Broward teen dies of wounds suffered in suicide bombing . 18 February 2016 . Miami Herald . Miami . 15 May 2006 . unfit . https://web.archive.org/web/20060909005050/http://www.miami.com/mld/miamiherald/14581043.htm . September 9, 2006 .
  8. News: Erlanger. Steven. A Promising Young Life Prematurely Committed to Sand. The New York Times. Holon. 15 May 2006.
  9. Web site: Wasserman Schultz. Debbie. Honoring the Life of Daniel Wultz. Congressional Record. Washington, D.C.. 22 May 2006. 10 May 2014. https://web.archive.org/web/20140512223809/http://wassermanschultz.house.gov/2010/03/honoring-the-life-of-daniel-wultz.shtml. 12 May 2014. dead.
  10. Web site: Joshua. Runyan. Wultz's Spirit Shines Through In Death. Chabad.org. New York. 14 May 2006.
  11. Web site: About Daniel Wultz. DCWFoundation.org. Weston. 6 December 2006. 24 November 2019. https://web.archive.org/web/20170816102540/http://dcwfoundation.org/. 16 August 2017. dead.
  12. Web site: Eisenberg. Seth. First Step for Daniel YMCA Event. DCWFoundation. Weston. 18 November 2007.
  13. Web site: Daniel Cantor Wultz Foundation. DCWFoundation.org. Weston. 18 October 2016. 16 August 2020. https://web.archive.org/web/20160306031924/http://dcwfoundation.org/. 6 March 2016. dead.
  14. Web site: Family of Suicide Bombing Victim Joins SWC Delegation in Meetings at UN With US, Russian, Indian, Singapore, and Spanish Ambassadors. Simon Wiesenthal Center. Los Angeles. 15 July 2006.
  15. Web site: Groll. Elias. Israel Accused of Suppressing Terror Evidence to Help Out New Pal China . Foreign Policy. Washington, D.C.. 24 July 2013.
  16. News: Duke University Law School: Wultz v. Bank of China. October 29, 2012. July 18, 2013. https://web.archive.org/web/20150402092352/http://law.duke.edu/sites/default/files/images/centers/judicialstudies/Wultz_v_Bank_of_China.pdf. 2015-04-02. dead.
  17. Web site: Boies Wins Discovery Fight in Bank of China Terror Funding Case . Litigation Daily . 2015-01-29 . 2015-03-08.
  18. Web site: Sohn. Amara. Family wins $323 million against Iran, Syria over terrorist attack. NBC News. Miami. 16 May 2012.
  19. Web site: Burke. Solomon. Bombing Victims' Win $323 Mil. from Syria, Ramsey Clark Calls Suit 'Baseless'. The Jewish Press. Philadelphia. 16 May 2012.
  20. Web site: Florida victim of suicide bombing wins award. UPI. Washington, D.C.. 16 May 2012.
  21. Web site: Paraszczuk. Joanna. Iran, Syria ordered to pay terror victim's family. Jerusalem Post. Jerusalem. 15 May 2012.
  22. Web site: Huriash. Lisa. Weston family determined to make terrorist countries pay. Sun-Sentinel. Weston. 17 May 2012.
  23. Web site: Lamberth. The Honorable Royce C.. Memorandum and Opinion. U.S. District Court. Washington, D.C.. 14 May 2012.
  24. News: Hsu. Spencer. U.S. judge rules Bank of China can be sued in terrorism case. . Washington, D.C.. 20 October 2010.
  25. Web site: Chinese foreign minister's visit to Israel clouded by terrorism case against Bank of China. . Jerusalem. 18 December 2013.
  26. Web site: Bank of China's subpoena in terrorism lawsuit gets tossed. Law360. Jerusalem. 16 October 2013.
  27. Web site: Zuta. Rutie. China tried to cover up counterterrorism meetings with Israeli officials. Haaretz. Jerusalem. 24 July 2013.
  28. Web site: Folkman. Ted. Case of the Day: Wultz v. Bank of China. International Judicial Assistance Blog. New York. 27 November 2012.
  29. Web site: Caspit. Ben. What's the link between Bank of China, Israel and Sheldon Adelson?. The Jerusalem Post. Jerusalem. 1 August 2013.
  30. Web site: What's the link between Bank of China, Israel and Sheldon Adelson. Israel Herald. Jerusalem. 1 August 2013. 4 May 2014. https://web.archive.org/web/20140504224225/http://www.israelherald.com/index.php/sid/216166194/scat/f81a4d9d561822ee. 4 May 2014. dead.
  31. Web site: Brinkerhoff. Noel. Terror Victims Given Go-Ahead to Sue Bank of China in U.S.. AllGov. Washington, D.C.. 23 September 2013.
  32. Web site: Mishra. Harinder. Did Hamas use Chinese bank to launder money?. Rediff News. Jerusalem. 29 September 2013.
  33. Web site: Presnell. Todd. Judge Scheindlin Provides Thorough Discussion of Bank-Examination Privilege. Presnell on Privileges. Nashville. 22 October 2013.
  34. Web site: Frankel. Allison. New ruling puts Bank Hapoalim in hot seat in terror finance case. https://web.archive.org/web/20140226102320/http://blogs.reuters.com/alison-frankel/2014/02/14/new-ruling-puts-bank-hapoalim-in-hot-seat-in-terror-finance-case/. dead. 26 February 2014. Reuters. New York. 14 February 2014.
  35. Web site: Wultz v. Bank of China Limited. United States Court of Appeals for the Second Circuit. New York. 16 February 2015.
  36. Web site: Lee. Patrick. Lawyer Suing Bank of China Brings 'Private CIA' to Boies. Bloomberg News. New York. 10 December 2013.
  37. News: Cohen . Roger . Did Israel Put Money Over Justice? . The New York Times . New York . 1 March 2015 .
  38. News: Usborne. David. Israeli PM Benjamin Netanyahu stalls on calls to aid Palestinian suicide bombings victims' families as they sue Bank of China. The Independent. London. 10 May 2013.
  39. Web site: Harel. Amos. The Chinese connection: A Jewish-American family's quest to find those responsible for their son's death. Haaretz. Tel Aviv. 14 June 2013.
  40. Web site: Chester. Sam. Netanyahu Favors Chinese Interests in Terror Case, Causing Dismay All Around: Sheryl and Yekutiel Wultz say Israel promised to help them sue the Bank of China for funneling money to Palestinian terrorists. . New York. 20 August 2013.
  41. Web site: Israel blocks witness in U.S. anti-terrorism case. USA Today. Jerusalem. 16 November 2013.
  42. Web site: Anti-terrorism case in US key test for Israel. Georgetown Law Center on National Security. Washington, D.C.. 12 November 2013. 4 May 2014. https://web.archive.org/web/20140504225922/http://www.securitylawbrief.com/main/2013/11/anti-terrorism-case-in-us-key-test-for-israel.html. 4 May 2014. dead.
  43. Web site: Israel files to quash testimony in Bank of China terrorism case. Times of Israel. Jerusalem. 16 November 2013.
  44. News: Shiffer. Shimon. Israel blocks witness in US anti-terrorism case. Ynetnews . Ynet. Jerusalem. 16 November 2013.
  45. Web site: Shiffer. Simon. At a Crossroad, Netanyahu Ponders His Future and Israel's. Yediot Ahronot. Jerusalem. 11 October 2013.
  46. Web site: Chandler. Adam. Saga of Terrorism Suit Against Bank of China Continues:Daniel Wultz's family has some choice words for Bibi. Tablet . New York. 17 December 2013.
  47. Web site: Court document: Netanyahu swapped tour of China for testimony on terror-financing. World Tribune. Springfield. 19 December 2013. 14 May 2014. https://web.archive.org/web/20140514161806/http://www.worldtribune.com/2013/12/19/court-document-netanyahu-swapped-tour-of-china-for-testimony-in-terror-financing-lawsuit/. 14 May 2014. dead.
  48. Web site: Levinson. Charles. U.S. Court Case Tests Israeli Resolve. The Wall Street Journal. New York. 21 June 2013.
  49. Web site: Bob. Yonah. 'Netanyahu broke personal promise to let gov't agent testify against Bank of China'. Jerusalem Post. Jerusalem. 17 December 2013.
  50. Web site: Bob. Yonah. Key witness in Bank of China terror financing case 'inclined to testify'. Jerusalem Post. Jerusalem. 30 August 2013.
  51. Web site: Bob. Yonah. Following the Bank of China terror funding case: A dizzying experience. Jerusalem Post. Jerusalem. 4 February 2014.
  52. Web site: Israel blocks witness from testifying in case accusing Bank of China of facilitating terrorism. Fox News. Jerusalem. 16 November 2013.
  53. News: Federman. Josef. Anti-terrorism case in US key test for Israel. Associated Press. Jerusalem. 12 November 2013.
  54. Web site: Sherwood. Harriet. Israel bars ex-agent from testifying in US lawsuit against Bank of China. The Guardian. London. 17 November 2013.
  55. News: Barnea. Nahum. US court urged to reject Israeli attempt to silence witness. Ynet . Jerusalem. 18 November 2013.
  56. News: Ringel-Hoffman. Ariel. Giving in to terror. Ynet . Jerusalem. 21 November 2013.
  57. Web site: Court orders Livni to cooperate with B.O.C case. i24 News. Jerusalem. 15 January 2014.
  58. Web site: Loeffler. James. Uncivil Damages: American victims of Palestinian terrorism are suing a Chinese bank. Israel is trying to stop them. Slate. Washington, D.C.. 13 February 2014.
  59. Web site: Stempel. Jonathan. Israel blocks subpoena in terrorism case over Florida teen's death. . Reuters. New York, NY. 21 July 2014.
  60. Web site: Bob . Yonah Jeremy. Israel delivers shocking blow to Bank of China terror victims' families case. Jerusalem Post. Jerusalem. 22 July 2014.
  61. Web site: Boot. Max. China's Challenge to Netanyahu. . New York. 26 June 2013.
  62. Web site: Harel. Amos. Father of American teen killed in terror attack: Israel is trying to sabotage our case. Haaretz. Tel Aviv. 17 July 2013.
  63. Web site: Insight: Militant financing case puts Israel and China in spotlight. Reuters. November 1, 2013. Crispian Balmer.
  64. Web site: Heller. Aron. Israel blocks witness in US anti-terrorism case. Associated Press. 16 November 2013. 14 May 2014. https://web.archive.org/web/20140514151838/http://m.sltrib.com/sltrib/mobile3/57138573-219/israel-bank-case-china.html.csp. 14 May 2014. dead.
  65. Vick. Karl. Netanyahu Accused of Favoring China Over Plaintiffs in U.S. Terrorism Case. . Tel Aviv. 17 December 2013.
  66. Web site: Family of Murdered Teenager Urge U.S. Court To Reject Israeli Attempt To Silence Witness. The Jewish Daily Forward. Philadelphia. 17 December 2013.
  67. Web site: Stoil. Rebecca. DC prayer event pays homage to teen killed in Tel Aviv attack. Times of Israel. Washington, D.C.. 2 May 2014.
  68. Web site: Benn. Evan. Weston family prays with members of Congress in remembrance of son killed in terror attack. Miami Herald. Miami. 1 May 2014.

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