Legal Opinion · Concurring in part, dissenting in part
United States v. All Funds on Deposit With R.J. O'Brien & Associates
Court of Appeals for the Seventh Circuit
Decided April 2, 2015No. 13-3732 & 13-3738Published
1Concurring in part, dissenting in partManion, Circuit Judge
I agree with the court that the insurance companies have standing. However, I disagree with the court’s conclusion that the forfeiture license and the in rem arrest warrants prevent the insurance companies from recovering the funds. Neither the forfeiture license nor the arrest warrants changed the status of the funds as blocked under the Terrorism Risk Insurance Act (“TRIA”), and the funds remain accessible by the insurance companies. For these reasons, I respectfully dissent.
I. Blocked funds and TRIA.
The International Emergency Economic Powers Act (“IEEPA”) gives the President the power to…
2Cases cited5 opinions
- United States v. Holy Land Foundation for Relief & DevelopmentCourt of Appeals for the Fifth Circuit · 2013
- Estate of Heiser v. Islamic Republic of IranDistrict Court, District of Columbia · 2011
- Weinstein v. Islamic Republic of IranDistrict Court, E.D. New York · 2004
- Estate of Heiser v. Bank of Tokyo Mitsubishi UFJDistrict Court, S.D. New York · 2013
- United States v. All Funds on Deposit with O'Brien & AssociatesDistrict Court, N.D. Illinois · 2012