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Banking Law Keyed to Malloy, 4th Ed.
Lopez v. First Union National Bank of Florida
Citation:
129 F.3d 1186 (1997)Facts
In September and November 1993, First Union received electronic wire transfers for credit to Lopez’s account. On both occasions, First Union provided federal law enforcement authorities access to the contents of these electronic transfers based solely on verbal instructions from the authorities. In February 1994, a U.S. Magistrate Judge issued a seizure warrant directing First Union to freeze Lopez’s account. Pursuant to this warrant, First Union again provided authorities access to the electronic funds transfers. In June 1995, First Union surrendered the $270,887.20 balance to the United States. A subsequent civil forfeiture case was resolved by stipulation that $108,359 was forfeited to the United States while $162,532.20 was returned to Lopez. Lopez then filed suit against First Union, alleging violations of the Electronic Communications Privacy Act, the Right to Financial Privacy Act, and Florida law.
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