Obtaining records from a foreign bank: note on the Decision of the Federal Court, Washington, DC, of March 18, 2019

• Autores: Stefan Cassella
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 2, 2019 (Ejemplar dedicado a: Sanctions in european criminal law), págs. 145-148
• Idioma: inglés
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• Resumen

  • A federal court in the United States granted a motion to compel two Chinese banks to comply with subpoenas served on their US branches, demanding records of transactions occurring in China. The same court also granted a motion to compel a third Chinese bank that has no US branches to comply with a similar subpoena for foreign records, holding that, because the bank maintains a correspondent account at a US bank, it is required by law to comply with such a demand for records. Those orders have now been affirmed by a federal appellate court in Washington, DC. This article explains the background of the case, the content of the court decision, and its importance.