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Banking Law Keyed to Malloy, 4th Ed.
Strauss v. Credit Lyonnais
Citation:
242 F.R.D. 199 (2007)Facts
Plaintiffs were victims or family members of victims of thirteen terrorist attacks allegedly perpetrated by HAMAS in Israel between 2002 and 2003. They sued Credit Lyonnais under the Antiterrorism Act, claiming the bank provided material support to terrorism by maintaining accounts for Le Comité de Bienfaisance et de Secours aux Palestinians (CBSP), which plaintiffs alleged was part of HAMAS’s fundraising infrastructure. In 2003, the U.S. Treasury Department designated CBSP as a Specially Designated Global Terrorist and described it as the “primary fundraiser for HAMAS in France.” Credit Lyonnais had closed CBSP’s accounts in 2002-2003 after noticing “unusual activity” and reporting it to French authorities. When plaintiffs sought discovery of bank records and information about CBSP’s accounts, Credit Lyonnais objected, claiming that French banking secrecy laws, anti-money laundering laws, and criminal procedure laws prohibited disclosure. The bank attempted to contact both CBSP and the French Ministry of Justice for guidance but received no substantive response from either.
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