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STOUTT v. BANCO POPULAR DE PUERTO RICO

No. 01-2275.

320 F.3d 26 (2003)

Palmer Paxton STOUTT; Rancal International, Inc.; Rancal Corp., Ltd., Plaintiffs, Appellants, v. BANCO POPULAR DE PUERTO RICO, Defendant, Appellee. Euro-Atlantic Securities; ABC Insurance Co.; XYZ Insurance Co., Defendants.

United States Court of Appeals, First Circuit.

Decided February 10, 2003.

Attorney(s) appearing for the Case

Harry Anduze Montaño with whom Raul S. Mariani Franco was on brief for appellants.

Samuel W. Seymour with whom Jeffrey J. Chapman and Sullivan & Cromwell were on brief for the appellees.

Thomas C. Baxter, Jr., Shari D. Leventhal, Federal Reserve Bank of New York, James Virgil Mattingly, Jr., General Counsel, Board of Governors of the Federal Reserve System, Richard M. Ashton, Associate General Counsel, and Stephen H. Meyer on brief for the Board of Governors of the Federal Reserve System, Amicus Curiae.

Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

BOUDIN, Chief Judge.

In 1997, Palmer Stoutt, together with Rancal International and Rancal Corp., companies of which Stoutt is the president, sued Banco Popular de Puerto Rico ("Banco Popular" or the "Bank") for malicious prosecution, unlawful arrest and incarceration, and defamation. The district court granted summary judgment in favor of Banco Popular based on the safe harbor provision of the Annunzio-Wiley Anti-Money Laundering Act, 31 U.S.C. § 5318 (2000...

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