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

ABA files coalition amicus brief arguing FDIC’s CMP against CBW Bank violates Jarkesy

Seventh Circuit upholds FDIC’s in-house enforcement process

Uncategorized
September 1, 2026

In a unanimous decision, a Seventh Circuit panel ruled that the FDIC did not violate the Seventh Amendment by adjudicating an enforcement action seeking a prohibition order and civil money penalty.

Fifth Circuit rules SEC must fix stock buyback rule

Tenth Circuit affirms dismissal of APA challenge to SEC enforcement action

Uncategorized
September 1, 2026

A unanimous Tenth Circuit panel affirmed the dismissal of a lawsuit challenging the SEC’s enforcement of federal anti-money laundering reporting requirements against an affiliate.

FDIC posts sample docs to provide clarity into marketing, sale process of failing banks

Second Circuit rules AP7 has prudential standing to pursue Signature Bank securities claims

Uncategorized
September 1, 2026

In a unanimous decision, a Second Circuit panel vacated a New York federal court decision ruling that Sjunde AP-Fonden (AP7) lacked prudential standing to pursue securities fraud claims against KPMG and former Signature Bank officers.

OCC releases Q3 bank trading revenue report

Nine states sue OCC over escrow powers and preemption rules

Uncategorized
September 1, 2026

Nine states sued the OCC, alleging it exceeded its authority and violated the APA by issuing its Escrow Powers and Preemption Rules.

Eastern District of Michigan dismisses $2 million wire fraud suit against Fifth Third Bank

Eastern District of Michigan dismisses $2 million wire fraud suit against Fifth Third Bank

Uncategorized
September 1, 2026

The court refused to hold Fifth Third Bank liable for the wire fraud because Hegira could not identify any agreed-upon security procedure that the bank handled in a commercially unreasonable manner or failed to follow in good faith.

CFPB issues interim final rule for Libor transition

Ninth Circuit rules fixed dividend rate can serve as LIBOR Act benchmark replacement

Uncategorized
September 1, 2026

The Ninth Circuit reversed and remanded, ruling that the LIBOR Act does not require a floating replacement rate and permits a contract’s fixed-rate fallback to serve as a valid benchmark replacement when LIBOR is unavailable.

NEWSBYTES

Banking agencies expand bank eligibility for extended exam schedule

September 10, 2026

Producer prices edged up 0.4% in August

September 10, 2026

NAR: Existing home sales fell in August

September 10, 2026

SPONSORED CONTENT

Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026
Taming AI Agent Sprawl: A Playbook for Consumer Lending

Taming AI Agent Sprawl: A Playbook for Consumer Lending

September 1, 2026
Grow Public Deposits Without the Operational Burden End Fragment

Grow Public Deposits Without the Operational Burden End Fragment

September 1, 2026
Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

August 20, 2026

PODCASTS

Podcast: Remembering 9/11, a quarter century later

September 10, 2026

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 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.