QUESTION

Does the federal government have jurisdiction if money is wired from the USA to a partner overseas?

Asked on Oct 14th, 2014 on Business Law - New York
More details to this question:
Money was wired from one business partner to another from NY to Hong Kong. Diversity does not exist between the 7 business partners. Does the international wiring of funds make this a federal case?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
No.  Since there is no diversity, and nothing in your question suggests jurisdiction under the Class Action Fairness Act, there would have to be a federal question for a federal court to have subject matter jurisdiction over the matter.  A federal question generally means that a federal law is at issue.  For example, do any of the claims arise under the Federal RICO, antitrust, securities, copyright, patent, or other federal statutes?  If so, there would be a federal question.  If, however, all claims are state law claims (i.e. claims arising under state statutes or common law claims such as fraud, breach of contract, libel, conversion, trespass, negligence, etc.) there is no federal question.
Answered on Oct 14th, 2014 at 12:10 PM

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