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U.S. v. SWISS AMERICAN BANK LTD.

No. 00-2502.

274 F.3d 610 (2001)

UNITED STATES of America, Plaintiff, Appellant, v. SWISS AMERICAN BANK, LTD., Swiss American National Bank, and Inter-Maritime Bank, Geneva, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 27, 2001.

Attorney(s) appearing for the Case

Mia Levine, Trial Attorney, United States Department of Justice, with whom Gerald E. McDowell, Chief Trial Attorney, Karen Taylor, Trial Attorney, Donald K. Stern, United States Attorney, and Richard L. Hoffman, Assistant United States Attorney, were on brief, for appellant.

Howard Wilson, with whom Alan H. Scheiner, Rosenman & Colin LLP, Michael B. Keating, Sarah Cooleybeck, and Foley, Hoag & Eliot LLP were on brief, for appellees Swiss American Bank, Ltd. and Swiss American National Bank.

Wm. Shaw McDermott, with whom Irene C. Freidel, Aimee Bierman, and Kirkpatrick & Lockhart LLP were on brief, for appellee Inter-Maritime Bank, Geneva.

Before TORRUELLA and LIPEZ, Circuit Judges, and TAURO, District Judge.

TORRUELLA, Circuit Judge.

The United States government attempted to recover $7 million in drug proceeds that a Massachusetts resident deposited in an Antiguan bank and then forfeited to the United States as part of a plea agreement. After the bank did not turn over the funds, the United States filed a claim in the Massachusetts District Court for conversion, unjust enrichment, and breach of contract against Swiss American Bank and its alleged alter ego, Bank of New...

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