UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

DR. ALAN J. BAUER 49 Ussishkin Street Jerusalem, Israel 94542 Plaintiff, -againstCiv. No. THE MAVI MARMARA (and all right, title and interest therein), THE AUDACITY OF HOPE (and all right, title and interest therein), THE RACHEL CORRIE (and all right, title and interest therein), THE CHALLENGER I (and all right, title and interest therein), THE CHALLENGER II (a/k/a THE SAOIRSE) (and all right, title and interest therein), THE GAZZE (and all right, title and interest therein), THE TALI (and all right, title and interest therein), THE ARION (and all right, title and interest therein), THE SFENDONI (BOAT 8000) (and all right, title and interest therein), THE TAMARA (ELEFTHERI MESOGHIOS) (and all right, title and interest therein), THE SEVEN Y TWO (IRENE) (and all right, title and interest therein), THE FINCH (and all right, title and interest therein), THE TAHRIR (and all right, title and interest therein), and THE STEFANO CHIRIANI (and all right, title and interest therein), Defendants in rem

COMPLAINT Plaintiff, by his counsel, hereby alleges for his Complaint as follows: NATURE OF THE ACTION 1. This is an informers action under 18 U.S.C. 962 for forfeiture of all the vessels

listed below, and of all right, title and interest therein (collectively: Defendant Vessels): The Mavi Marmara, The Audacity of Hope, The Rachel Corrie, The Challenger I, The Challenger II (a/k/a The Saoirse), The Gazze, The Tali, The Arion, The Sfendoni (Boat 8000), The Tamara (Eleftheri Mesoghios), The Seven Y Two (Irene), The Finch, The Tahrir and The Stefano Chiriani 2. The Defendant Vessels are subject to forfeiture pursuant to 18 U.S.C. 962,

which provides in relevant part that: Whoever, within the United States, furnishes, fits out, arms, or attempts to furnish, fit out or arm, any vessel, with intent that such vessel shall be employed in the service of any foreign prince, or state, or of any colony, district, or people, to cruise, or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace Shall be fined under this title or imprisoned not more than three years, or both.

Every such vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof, shall be forfeited, one half to the use of the informer and the other half to the use of the United States. 18 U.S.C. 962. 3. The Defendant Vessels are subject to forfeiture under 962 because, as detailed

below, organizations and persons acting within the United States have furnished and fitted out, and have attempted to furnish and fit out, the Defendant Vessels, with the intent that the Defendant Vessels be employed in the service of a group of anti-Israeli insurgents to cruise and commit hostilities against the State of Israel, a state with which the United States is at peace. Specifically, the Defendant Vessels have been and/or will be used in attempts to violate Israels naval blockade of the Gaza Strip, and to otherwise commit hostilities against Israel. 4. The plaintiff, Dr. Alan J. Bauer, is an American citizen and a professional

biologist. On March 21, 2002, Dr. Bauer and his young son were severely injured in a bombing attack carried out by Palestinian terrorists in Jerusalem, Israel. 5. The plaintiff has informed the United States Attorney General that the Defendant

Vessels have been furnished and fitted out, and/or that attempts have been made to furnish and fit out the Defendant Vessels, in violation of 18 U.S.C. 932. Exhibit A. 6. The plaintiff is therefore an informer within the meaning of 932, and thus is

entitled to one half of the proceeds of the forfeiture of the Defendant Vessels. JURISDICTION AND VENUE 7. This Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1355, and 18 U.S.C. 962.

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Venue is proper in this Court pursuant to 28 U.S.C. 1355(b) because violations

of 18 U.S.C. 962 giving rise to the forfeiture took place in this federal district and because some of the property subject to forfeiture is located in a foreign country and/or has been detained or seized pursuant to legal process or competent authority of a foreign government. STATEMENT OF FACTS 9. In 2007, the Hamas terrorist organization seized power in the Gaza Strip, and

began to carry out systematic rocket and missile attacks against civilian targets in Israel, which killed and injured a large number of civilians and caused extensive property damage. 10. Thereafter, in order to limit Hamas ability to receive material support enabling it

to carry out such attacks, the State of Israel imposed a maritime blockade on the Gaza Strip. 11. Following the imposition of Israels maritime blockade on the Gaza Strip, anti-

Israel organizations in the U.S., together with a coalition of violent and/or militant anti-Israel organizations from other countries, initiated and organized efforts to breach Israels blockade, to harm Israeli security and to support the Hamas-controlled government in the Gaza Strip, by sending the Defendant Vessels to the Gaza Strip, and raised funds in the U.S. with which they purchased, equipped, furnished and fitted out the Defendant Vessels for that purpose. 12. The anti-Israel organizations in the U.S. referred to in the previous paragraph

include, without limitation, the Free Gaza Movement and the U.S. Boat to Gaza project (collectively hereinafter: U.S. Organizational Offenders). 13. The U.S. Organizational Offenders raised funds in the U.S. with which they

purchased, equipped, furnished and fitted out the Defendant Vessels, for the purposes stated above, from donors located in the U.S., using internet sites located and operated in the U.S., via affiliated organizations in the U.S., and using bank accounts located in the United States.

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The U.S.-based internet sites, affiliated organizations and bank accounts referred

to in the previous paragraph include the following: a. Internet Sites The U.S. Organizational Offenders raised funds in the U.S., with which they purchased, equipped, furnished and fitted out the Defendant Vessels, for the purposes stated above, through the following internet sites located and operated in the U.S.: http://www.freegaza.org http://ustogaza.org http://ustogazawest.org b. Affiliated Organizations / Bank Accounts The U.S. Organizational Offenders raised funds in the U.S., with which they purchased, equipped, furnished and fitted out the Defendant Vessels, for the purposes stated above, by soliciting donations that were channeled through the following U.S.based organizations and their U.S.-based bank accounts: American Educational Trust LE PO Box 53347 Washington, DC 20009 Institute for Media Analysis 143 West 4th Street #2F New York, NY 10012 Stand for Justice PO Box 373 Bearsville, NY 12409 15. The U.S. Organizational Offenders, together with a coalition of violent and/or

militant anti-Israel organizations from other countries, have attempted and/or are intending to attempt to violate Israels blockade of the Gaza Strip using the Defendant Vessels, with the

common purpose of violating and undermining Israels blockade of the Gaza Strip, harming Israeli security and supporting the Hamas-controlled government in the Gaza Strip. For example, the U.S. Boat to Gaza project has explained that the Defendant Vessels are being used to break the blockade of Gaza and to end the occupation of Palestine. Therefore, the U.S. Organizational Offenders and the coalition of violent and/or militant anti-Israel organizations with which they are allied and acting jointly for the purposes described above are acting in the service of [a] colony, district, or people within the meaning of 962. See The Three Friends, 17 S.Ct. 495, 500 (1897) (Holding that 18 U.S.C. 23, now codified at 962, applies to any group associated together in a common political enterprise against a U.S. ally). 16. The efforts and attempts to violate and undermine Israels maritime blockade of

the Gaza Strip, to harm Israeli security and to support the Hamas-controlled government in the Gaza Strip using the Defendant Vessels, constitute cruising and committing hostilities against the subjects, citizens, and property of the State of Israel, with whom the United States is at peace. CLAIM FOR FORFEITURE 17. herein. 18. Persons acting within the U.S. have furnished and fitted out and attempted to The preceding paragraphs are incorporated by reference as though fully set forth

furnish and fit out the Defendant Vessels, with the intent that the Defendant Vessels be employed in the service of a colony, district, or people, to cruise and commit hostilities against the subjects, citizens and property of the State of Israel, with whom the United States is at peace. 19. Plaintiff has notified the Attorney General of the facts above, and is therefore an

informer within the meaning of 18 U.S.C. 962.

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Accordingly, the Defendant Vessels, and their tackle, apparel, and furniture,

together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof, should be forfeited, one half to the use of the plaintiff and the other half to the use of the United States. 21. Plaintiff demands a jury trial on all issues so triable. PRAYER FOR RELIEF WHEREFORE, plaintiff prays that all persons having an interest in the Defendant Vessels be summoned to appear and show cause why the Defendant Vessels (and their tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof) should not be forfeited, that this Court decree forfeiture of the Defendant Vessels (and their tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof) to the plaintiff and to the United States of America, in equal shares, and that this Court grant plaintiff such further relief as this Court may deem just and proper together with his costs and disbursements in this action. Dated: July 8, 2011 Respectfully submitted, THE BERKMAN LAW OFFICE, LLC Counsel for Plaintiff By: _______________________ Robert J. Tolchin, Esq. (D.C. Bar #NY0088) 111 Livingston Street, Suite 1928 Brooklyn, New York 11201 Telephone: (718) 855-3627 Fax: (718) 504-4943 RJT@tolchinlaw.com