Stefan Cassella of Asset Forfeiture Law, LLC comments on US v $70,990,605. Under Section 981(k), the holder of a foreign account has statutory standing to contest the forfeiture of a similar amount of money from his bank’s correspondent account in the U.S., but he still lacks Article III standing if his bank has released his money to him and he has therefore suffered no injury. That the dismissal of a claim for lack of standing would mean that there would be no one with standing to contest a civil forfeiture action is not a reason to find that a claimant has standing. As the case highlighted, neither the Act of State Doctrine nor the principles of international comity require a court in the U.S. to defer to a foreign Government’s declaration that the U.S. court lacks jurisdiction to adjudicate a civil forfeiture action against funds derived from a crime committed in the foreign country.

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