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N.D.Ohio: OFAC block on assets is a seizure

By John Wesley Hall, Jr.

OFAC block on assets is a Fourth Amendment seizure under Soldal. Kindhearts for Charitable Humanitarian Dev. v. Geithner, 2009 U.S. Dist. LEXIS 80475 (N.D. Ohio August 18, 2009): A Fourth Amendment seizure, in contrast, does not result in passage of title to the government or even necessarily permanent deprivation. A seizure affects a possessory interest: Id. at 1263. A Fourth Amendment seizure may often lead to permanent deprivation of the property "taken" by government officers, but that is not always so. Indeed, Fed. R. Crim. P. 41(g) provides a means for seeking return of seized property. Viewing the consequences of a blocking order in a Fourth Amendment light, the court in Al Haramain stated that because "[e]ven a temporary deprivation of property" constitutes a seizure, an OFAC blocking action affects Fourth Amendment rights...continue to full post

Full post as published by Fourth Amendment on September 10, 2009 (boomark / email).