Bank Liability Under the Anti-Terrorism Act: Dispelling the 'Routine Banking Services' Defense in Material Support Cases

Abstract

This article evaluates civil liability for financial institutions that provide material support to terrorist organizations. Part I of this article analyzes the development of the ATA and related legislation proscribing material support to terrorist groups, highlighting the evolving statutory construction by looking to the body of case law surrounding lawsuits against the terrorist support network. Part II examines the issue of terrorist financing generally, taking into consideration the challenges facing financial institutions. Finally, Part III analyzes the term "financial services" in the context of material support prohibitions, referencing the ongoing litigation against financial institutions under the ATA. Using the lawsuit filed on behalf of Daniel Pearl as a case study, this article concludes that a broad interpretation of the statute is not only in line with the legislative intent of the ATA, but is also the only way in which it can be effective in halting terrorist financing.