Jerry Lee Harvey - Page 32




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          statement of at least two investigators, sworn to in person in               
          Panama.  Petitioner asserts that the request did not satisfy                 
          these requirements.                                                          
               Petitioner asserts that pursuant to Panamanian law, he has              
          standing to challenge the manner in which the records were                   
          obtained.  We disagree.  The article of law under which                      
          petitioner claims to have standing refers to "all nationals and              
          foreigners living under Panamanian jurisdiction", which does not             
          include petitioner.  Accordingly, petitioner lacks standing to               
          challenge any purported violation of Panamanian law.  Cf. United             
          States v. Mann, supra at 852-853; Harvey v. United States, 730 F.            
          Supp. at 1106.  We hold respondent's use of petitioner's BCCI                
          records was not improper.                                                    
               Petitioner also argues that the Government violated his                 
          rights under the Fourth Amendment to the U.S. Constitution when              
          it sought and obtained his BCCI records.  Petitioner does not                
          have a protected Fourth Amendment interest in his BCCI records.              
          See United States v. Payner, 447 U.S. 727 (1980); United States              
          v. Miller, 425 U.S. 435 (1976); see also United States v. Mann,              
          supra.  Thus, petitioner's claim of a Fourth Amendment violation             
          fails.                                                                       










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