United States v. Union Bank for Savings & Investment
Court of Appeals for the First Circuit
1Opinion of the Court
LYNCH, Circuit Judge.
This case raises a novel issue of the proper construction of 18 U.S.C. § 981(k), a civil forfeiture provision concerned with interbank accounts of foreign banks, which was added as part of the USA PATRIOT Act, Pub.L. No. 107-56, § 319(a), 115 Stat. 272, 311-12 (2001).
Section 981(k) provides for the forfeiture of amounts in interbank accounts held by a foreign bank at banks in the United States when forfeitable funds are deposited into an account at the foreign bank. 18 U.S.C. § 981(k)(l)(A). Frequently, however, foreign banks are innocent of the underlying wrongdoing that…
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