Breaking Unclaimed Property Developments: More Than 20 States Sue Delaware in U.S. Supreme Court

Background
The dispute centers around unclaimed "official checks" held by MoneyGram Payment Systems, Inc. ("MoneyGram"), an entity incorporated in Delaware, with its principal place of business in Texas. MoneyGram has been escheating large amounts attributable to unclaimed official checks to Delaware for years. Based on statements in court pleadings, it appears the official checks may have attributes of money orders or similar instruments, and other attributes of a different nature. When other states where such checks were purchased realized they were not receiving unclaimed funds attributable to these instruments, they conducted an audit and then made demand upon MoneyGram for sums allegedly owed to their respective states. However, when Texas and other states confronted MoneyGram about the funds, MoneyGram indicated it had already escheated the funds in question to Delaware. Estimates regarding how much money may be at stake in the case range from (i) about $160 million for the 21 states that sued Delaware in the U.S. Supreme Court, and (ii) about $400 million if the remaining 28 states were to join such suit and be successful in the suit.

Key Legal Issue
The key issue in the case is whether the escheatment of "official checks" are governed by the federal priority rules decided by the U.S. Supreme Court in Texas v. New Jersey 1965, or whether they are governed by the more specific "place of purchase" rules enacted by Congress in 1974 as part of the Disposition of Abandoned Money Orders and Traveler's Checks Act. The pertinent part of the 1974 money orders legislation provides that where any sum is payable on a money order, traveler's check, or similar written instrument (other than a third-party bank check), on which a banking or financial organization or business association is directly liable, and if the books and records of that entity show the state in which such instrument was purchased, then the state where the money order, traveler's check, or similar written instrument was purchased "…shall be entitled exclusively to escheat or take custody of the sum payable on such instrument, to the extent of that State's power under its own laws to escheat or take custody of such sum." See 12 U.S. Code sec. 2503(1). That issue will turn on whether the federal courts decide that an "official check" is or is not a "similar written instrument" under the 1974 money orders legislation.

In light of the high financial stakes in this case, the general upsurge in unclaimed property litigation, and the large amounts of money at issue in many unclaimed property audits, the necessity of an effective unclaimed property compliance program is increasingly important. Holders seeking additional clarification on how unclaimed property matters relate to their specific situations may contact their designated Abandoned and Unclaimed Property (AUP) representative or one of the Ryan contacts below.

About Ryan
Ryan is an award-winning global tax services firm, with the largest indirect and property tax practices in North America and the seventh largest corporate tax practice in the United States. With global headquarters in Dallas, Texas, the Firm provides a comprehensive range of state, local, federal, and international tax advisory and consulting services on a multi-jurisdictional basis, including audit defense, tax recovery, credits and incentives, tax process improvement and automation, tax appeals, tax compliance, and strategic planning. Ryan is a five-time recipient of the International Service Excellence Award from the Customer Service Institute of America (CSIA) for its commitment to world-class client service. Empowered by the dynamic myRyan work environment, which is widely recognized as the most innovative in the tax services industry, Ryan's multi-disciplinary team of more than 2,100 professionals and associates serves over 12,000 clients in more than 40 countries, including many of the world's most prominent Global 5000 companies. More information about Ryan can be found at ryan.com.

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