U.S. v. BCCI HOLDINGS (LUXEMBOURG), S.A.

Crim. Action No. 91-0655(JHG).

941 F.Supp. 180 (1996)

UNITED STATES of America v. BCCI HOLDINGS (LUXEMBOURG), S.A., Bank of Credit and Commerce International, S.A., Bank of Credit and Commerce International (Overseas) Limited, and International Credit and Investment Company (Overseas) Limited, Defendants.

United States District Court, District of Columbia.

September 20, 1996.


Attorney(s) appearing for the Case

U.S. Department of Justice, Lee J. Radek, Director, Asset Forfeiture Office, Criminal Division, Stefan D. Cassella, Trial Attorney, J. Christopher Kohn, Director, Commercial Litigation Branch, Civil Division, John T. Stemplewicz, Trial Attorney, Karen I. Meyer, Trial Attorney, for the Government.

Benito Romano, Joseph T. Baio, John J. Halloran, Jr., Willkie Farr & Gallagher, Washington, DC, for American Express Bank Ltd.

John L. Warden, H. Rodgin Cohen, Richard H. Klapper, Penny Shane, Sullivan & Cromwell, Washington, DC, amicus curiae Counsel for New York Clearing House Association.


MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS

JOYCE HENS GREEN, District Judge.

Presently before the Court is the United States' Motion to Dismiss ("Motion to Dismiss") the Petition of American Express Bank, Ltd., Pursuant to 18 U.S.C. § 1963(l) (1994) ("L-Claim"). The question presented is whether a bank's right of set off against a depositor's general accounts, unexecuted at the time the accounts were seized by banking regulators...

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