United States First Circuit
US v. Bank of New York, 06-1187, 06-1423, 06-1444
In a case involving the proper construction of a civil forfeiture provision concerned with interbank accounts of foreign banks, 18 U.S.C. section 981(k), summary judgment for the U.S. is affirmed over the holding bank's argument that the discharge of its obligations should have been measured against its ability to obtain recourse from its depositors under banking law, but reversed where "obligations" include amounts in any account held at the time of the seizure by anyone who was an owner of the funds at the time they were deposited.
Appellate Information
- Decided 05/18/2007
- Published 05/18/2007
Judges
- LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- Jeffrey C. Spear, with whom Martha Van Oot and Orr & Reno, P.A. were on brief, for appellant Union Bank for Savings & Investment (Jordan)., Christopher H.M. Carter, with whom Hinckley, Allen & Snyder, LLP was on brief, for appellant Reuven Krauzer.
- For Appellees:
- Gretchen Leah Witt, Assistant United States Attorney, with whom Jean B. Weld, Assistant United States Attorney, and Thomas P. Colantuono, United States Attorney, were on brief, for appellee.