Calderon-Cardona v. Deutsche Bank Trust Company Americas 11 Civ. 3288, (Dkt. No. 90) (S.D.N.Y, 2006) -- USG Statement of Interest

Date issued: Jul. 20 2017

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TURBOFAC Commentary (509 words)

Notes:

1) Read together with General Note on the 300-level definition of ‘Blocked account; blocked property’ (System Ed. Note); Rubin v. Harvard University, 11-2144 (1st Cir. 2013) - OFAC/Treasury Amicus Brief, and Hausler ex rel. Fuller v. JP Morgan Chase Bank, N.A. Docket No. 12-1264 (Lead) (2d Cir. Oct. 27, 2014).

In those cases, the distinction is drawn between the scope of "property of" a blocked person, and property "in which" a blocked person has an "interest," where the former is far narrower than the latter. The comparison between "of [X]" and "in which [X] has an interest" was made in the other cases cited because the CACR were at issue, and the blocking provision of the CACR uses the language "in which" Cuba has an interest.

Here, the government filed a statement of interest seeking the...