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Notre Dame Law School

Journal Articles

2015

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Holding Banks Liable Under The Anti-Terrorism Act For Providing Financial Services To Terrorists: An Ineffective Legal Remedy In Need Of Reform, Jimmy Gurule Jan 2015

Holding Banks Liable Under The Anti-Terrorism Act For Providing Financial Services To Terrorists: An Ineffective Legal Remedy In Need Of Reform, Jimmy Gurule

Journal Articles

Anti-terrorism Act (“ATA”), 18 U.S.C. § 2333(a), provides a private right of action for any United States national injured by an act of international terrorism. The purpose of the statute is to deter acts of terrorism by punishing terrorists and their financial supporters “where it hurts them most: at their lifeline, their funds.” However, the threat of a large civil monetary judgment is unlikely to have a deter- rent effect on foreign terrorists or terrorist organizations that “are unlikely to have assets, much less assets in the United States.” As a result, ATA lawsuits have been filed almost exclusively against …