ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

ABA, trade groups file amicus brief in JASTA case

August 31, 2023
Reading Time: 3 mins read
ABA, trade groups file amicus brief in JASTA case

Justice Against Sponsors of Terrorism Act
Wildman v. Deutsche Bank
Date: Aug. 17, 2023

Issue: Whether Deutsche Bank, Danske Bank, and Standard Chartered Bank violated the Justice Against Sponsors of Terrorism Act (JASTA).

Case Summary: ABA and trade groups (Amici) filed an amicus brief urging the Second Circuit to affirm the district court’s dismissal of claims against Danske Bank, Deutsche Bank and Standard Chartered Bank (the banks) under JASTA.

A group of U.S. citizens and family members injured by terrorism (plaintiffs) sued various groups for committing the attacks. Congress enacted the Anti-Terrorism Act (ATA) to enable U.S. citizens who are victims of terrorism to obtain compensation for their injuries. In 2016, Congress amended the law by enacting JASTA. JASTA imposes liability on those who aid-and-abet or conspire with terrorists. Plaintiffs alleged the banks provided services to customers who allegedly supported a terrorist group by facilitating financial services. Plaintiffs contended the banks were liable under the ATA for aiding-and-abetting the attacks.

The district court dismissed the lawsuit against the banks. According to the court, plaintiffs’ pleadings failed on two key elements needed to assert a claim under JASTA. Plaintiffs failed to prove the banks had a general awareness of their roles in illegal activity or that the financial institutions substantially assisted that illegal activity. After the district court issued its decision, the U.S. Supreme Court ruled in Twitter v. Taamneh, another JASTA case. In Twitter, the Court determined under JASTA, aiding-and-abetting claims require plausible allegations that the defendant “consciously, voluntarily, and culpably” participated in the terrorist attack which injured the plaintiff. Plaintiffs appealed the district court’s dismissal.

Amici filed its amicus brief supporting the banks. Amici emphasized it strongly condemns all acts of terrorism and individuals who commit heinous acts and those who participate should be brought to justice. However, Amici asserted plaintiffs did not sue those parties, rather they are seeking to impose aiding-and-abetting liability on financial institutions based on an impermissibly expansive interpretation of the ATA.

First, Amici argued Twitter adopted a more demanding pleading standard for JASTA’s “knowingly providing substantial assistant” element than the test previous applied by the Second Circuit. Amici also reiterated a plaintiff did not prove that the banks consciously, voluntarily, and culpably participated in the terrorist attack which injured Plaintiffs.

Second, Amici argued Plaintiffs bear a particularly heavy burden when asserting JASTA aiding-and-abetting claims against legitimate businesses. According to Amici, Twitter requires allegations supporting a plausible inference of highly culpable conduct for claims against legitimate businesses. Amici also contended “Know Your Customer” (KYC) standards provide no basis for subjecting banks to more expansive aiding-and-abetting claims. Amici emphasized Twitter prevents Plaintiff’s attempt to satisfy the “truly culpable conduct” required for aiding-and-abetting liability by pointing to KYC requirements.

Finally, Amici argued reversal would inflict serious harm on legitimate businesses and U.S. foreign policy interests. Amici emphasized banks operating in and outside the United States would be subject to suit involving funds transfers and U.S. dollar clearing transactions. Amici also asserted adopting such an expansive view of aiding-and-abetting liability would subject businesses to unwarranted, costly, and invasive discovery. Finally, Amici asserted businesses may be forced to “de-risk” to avoid large litigation expenses and exposure to damages. De-risking occurs when businesses stop providing services to certain regions or clients due to the threat of litigation.

Bottom Line: Plaintiffs’ reply brief is due Sept. 29, 2023.

Documents: Brief

Tags: Banking Docket
ShareTweetPin

Related Posts

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: June 22

Uncategorized
June 22, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: June 15

Uncategorized
June 15, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Four Ways Banks Protect Seniors by Reducing Social Isolation

A national campaign to fight impostor scams targeting seniors

Compliance and Risk
June 15, 2026

By participating, banks can help ensure that more consumers are better prepared to recognize and avoid fraud.

Compliance question of the month: February 2025

Compliance question of the month: June 2026

Uncategorized
June 8, 2026

My bank offers a consumer checking account product titled "Free Checking." This product currently has no maintenance or activity fees, and no minimum balance or transaction requirements. The bank is considering adding a nominal monthly paper statement fee...

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: June 8

Uncategorized
June 8, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Fed report: Banking system remains strong, assessing of fintech risk ramps up

ABA files amicus brief urging Second Circuit to review Fed board’s denial of Canandaigua’s Cash Guarantee Mortgage Program

Uncategorized
June 2, 2026

ABA filed a coalition amicus brief urging the Second Circuit to review the Fed board's decision denying Canandaigua National Corporation’s application to offer its Cash Guarantee Mortgage Program.

NEWSBYTES

House passes bipartisan housing bill

June 23, 2026

White House directs agencies, contractors to protect systems from quantum computing

June 23, 2026

FHA ends field review requirement for certain mortgages

June 23, 2026

SPONSORED CONTENT

Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

AI Is in Your Bank. Is Your Cloud Contract Governing It?

May 20, 2026

PODCASTS

Podcast: Talent and innovation in community banking

June 18, 2026

Podcast: Understanding bank regulators’ guidance on illegal immigration

June 11, 2026

Podcast: Creating a feeling of welcome, for customers and new bankers

May 28, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.