Title: Caught in the Crosshairs: Developing a Fourth Amendment Framework for Financial Warfare
Abstract: Historically, the Fourth Amendment and U.S. sanctions policy never interacted. Sanctions targeted foreign entities, which do not enjoy the protections of the Fourth Amendment. In the past couple of decades, however, the issue has become significantly more complicated. If, for instance, an organization in Oregon sends money to an organization in the Middle East that the United States has subjected to sanctions, should the government need a warrant to stop the transfer of funds? After all, it is a seizure of the entity's property, isn't it? This paper analyzes the disagreement among courts about whether the Treasury Department should be required to get a warrant when enforcing sanctions against U.S. persons and provides a new framework for answering this question.
Publication Year: 2016
Publication Date: 2016-03-01
Language: en
Type: article
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