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St. Thomas Law Review

First Page

395

Document Type

Article

Abstract

The main question, therefore, in light of the terrorist attacks of September 11 th and the U.S. government's attempt to combat money laundering as a source of potential terrorist funding, is whether the government's use of secret evidence to justify a challenged blocking order represents a violation of the fundamental due process rights of the aggrieved party. In an attempt to evaluate this issue, the remainder of this essay is divided into four Parts. Part I provides an overview of the connection between money laundering and terrorism. Part II describes the statutory history and legislative background to the money laundering provisions of the USA PATRIOT Act, as well as how the Act's provisions raise due process concerns in the context of judicial proceedings challenging a blocking order issued by the U.S. government. Part III examines the rapidly developing body of legal precedent emerging from recent challenges to such blocking orders and the Government's efforts to enforce such orders through the submission of "confidential and sensitive" evidence on an ex parte, in camera basis. Part IV examines the legal and public policy arguments, both in favor of and against the continued use of such ex parte, in camera evidence as a part of judicial proceedings challenging blocking orders as well as some of the potential ramifications of such a course of action. What emerges from this analysis is the determination that while the provisions of the Act relating to the ex parte, in camera submission of evidence supporting the government's allegations are alarming at first glance, the ultimate goal of cracking down on money laundering as an increasingly potent source of terrorist financing can only be supported by broad enforcement capabilities held in check by the unbiased members of the judiciary.

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