Legal Opinion

United States v. Union Bank for Savings & Investment

Court of Appeals for the First Circuit

Decided May 18, 2007No. 06-1187, 06-1423, 06-1444PublishedCited by 61 opinions

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…

2Cases cited19 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  3. Allen v. WrightSupreme Court of the United States · 1984
  4. Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
  5. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990

14 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Holocaust Victims of v. OTP BankCourt of Appeals for the Seventh Circuit · 2012
  2. United Seniors Ass'n, Inc. v. Philip Morris USACourt of Appeals for the First Circuit · 2007
  3. In Re Lozada RiveraUnited States Bankruptcy Court, D. Puerto Rico · 2012
  4. United States v. $8,440,190.00 in U.S. CurrencyCourt of Appeals for the First Circuit · 2013
  5. United States v. JoseCourt of Appeals for the First Circuit · 2007

56 more not listed; retrieve them via the Exa API.

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