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Banking Law Keyed to Malloy, 4th Ed.
Walker v. S.W.I.F.T. SCRL
Citation:
491 F. Supp. 2d 781 (2007)Facts
SWIFT is an international cooperative consortium that provides secure messaging services and interface software to approximately 7,800 financial institutions worldwide, routing more than 11 million financial transactions daily. After the September 11, 2001 attacks, the U.S. Treasury Department, through the Terrorist Finance Tracking Program, issued subpoenas to SWIFT under the International Emergency Economic Powers Act to access financial transaction data. According to a New York Times article published on June 23, 2006, SWIFT initially turned over “the entire SWIFT database” to government officials. Plaintiffs Walker and Kruse, who completed numerous domestic and at least one international financial transaction since September 11, 2001, allege that SWIFT’s disclosure of their financial information without consent or warrants violated their constitutional rights and statutory protections. They claim SWIFT acted both as an agent of the government and as an agent of financial institutions when making these disclosures.
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