We focus on the 2015 conviction in New York of BNP Paribas Bank for its role in the Darfur genocide. Proceeds from this case were used by congress to create a terrorism fund to compensate American victims of the 9/11 Twin Towers attack, while Black victims of the Darfur genocide received no compensation. This paper uses a sequential theory developed by David Garland to understand the racialized persistence of the American death penalty and its implications for understanding the creation of the Twin Towers Fund. A civil suit is presently drawing on the BNP conviction to again seek compensation for Darfur genocide victims. Garland’s approach helps us to better understand the evolution of the Darfur case.