Under US law, there is no express private right of action to enforce the BSA and courts have uniformly declined to infer an implied private right of action or duty of care.1

In the UK, while some provision is made for the commencement of criminal proceedings by private individuals, civil law claims for breach of contract, breach of trust, or breach of fiduciary duty, and the tort of deceit are more commonly brought against money launderers.

In France, subject to certain conditions, victims can file a complaint before the Investigating Judge for a criminal investigation to be launched and may participate in it and the subsequent trial as civil parties (parties civiles) (Art. 85 of the Criminal Procedure Code). The same applies for non-profit organizations.


1 See James v. Heritage Valley Fed. Credit Union, 197 F. App’x 102 (3d Cir. 2006).
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