United States Federal Circuit

Where appellant cashed a stolen U.S. Treasury check, and the U.S. recouped the amount and appellant's bank account was credited, appellant's complaint was properly dismissed where U.S. did not illegally exact money in violation of Treasury regulations; because U.S. did not direct bank, and bank did not act as an alter ego or agent of the U.S., a claim under the Takings Clause fails.

Appellate Information

• Decided 05/29/2002
• Published 05/30/2002

Judges

• DYK, Circuit Judge., Before CLEVENGER, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert Ehrenbard Kelley Drye & Warren LLP, of Washington, DC, argued for plaintiff-appellant.   On the brief was Thomas C. Jackson.


• For Appellees:
  
• Doris S. Finnerman, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her in the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel on the brief were Rhonda Kent, and Tricia Long, Attorneys, Office of Chief Counsel, Financial Management Service, Department of the Treasury, of Washington, DC.