Lewis v. United States, 680 F.2d 1239 (9th Cir. 1982)
John L. Lewis was injured by a vehicle owned and operated by a federal reserve bank, and brought action alleging jurisdiction under the Federal Tort Claims Act. The District Court dismissed the case by ruling that the federal reserve bank was not a federal agency within meaning of the Federal Tort Claims Act and the court therefore lacked subject-matter jurisdiction. The Appeals court affirmed the decision.
The court stated
“Examining the organization and function of the Federal Reserve Banks, and applying the relevant factors, we conclude that the Reserve Banks are not federal instrumentalities for purpose of the FTCA, but are independent, privately owned and locally controlled corporations.”However, this does not imply, as so many wrongly interpret, that private individuals own the banks for the court also stated “Each Federal Reserve Bank is a separate corporation owned by commercial banks in its region. The stockholding commercial banks elect two thirds of each Bank’s nine member board of directors. The remaining three directors are appointed by the Federal Reserve Board. The Federal Reserve Board regulates the Reserve Banks, but direct supervision and control of each Bank is exercised by its board of directors. 12 U.S.C. Sect. 301. The directors enact by-laws regulating the manner of conducting general Bank business, 12 U.S.C. Sect. 341, and appoint officers to implement and supervise daily Bank activities. These activities include collecting and clearing checks, making advances to private and commercial entities, holding reserves for member banks, discounting the notes of member banks, and buying and selling securities on the open market. See 12 U.S.C. Sub-Sect. 341–361.
Lewis v. United States, 680 F.2d 1239 (1982)
John L. Lewis, Plaintiff/Appellant,
v.
United States of America, Defendant/Appellee.
No. 80-5905
United States Court of Appeals, Ninth Circuit.
Submitted March 2, 1982.
Decided April 19, 1982.
As Amended June 24, 1982.
Plaintiff, who was injured by vehicle owned and operated by a federal reserve bank, brought action alleging jurisdiction under the Federal Tort Claims Act. The United States District Court for the Central District of California, David W. Williams, J., dismissed holding that federal reserve bank was not a federal agency within meaning of Act and that the court therefore lacked subject-matter jurisdiction. Appeal was taken. The Court of Appeals, Poole, Circuit Judge, held that federal reserve banks are not federal instrumentalities for purposes of the Act, but are independent, privately owned and locally controlled corporations.
Affirmed.
1. United States
There are no sharp criteria for determining whether an entity is a federal agency within meaning of the Federal Tort Claims Act, but critical factor is existence of federal government control over "detailed physical performance" and "day to day operation" of an entity. . . .
2. United States
Federal reserve banks are not federal instrumentalities for purposes of a Federal Tort Claims Act, but are independent, privately owned and locally controlled corporations in light of fact that direct supervision and control of each bank is exercised by board of directors, federal reserve banks, though heavily regulated, are locally controlled by their member banks, banks are listed neither as "wholly owned" government corporations nor as "mixed ownership" corporations; federal reserve banks receive no appropriated funds from Congress and the banks are empowered to sue and be sued in their own names. . . .
3. United States
Under the Federal Tort Claims Act, federal liability is narrowly based on traditional agency principles and does not necessarily lie when a tortfeasor simply works for an entity, like the Reserve Bank, which performs important activities for the government. . . .
4. Taxation
The Reserve Banks are deemed to be federal instrumentalities for purposes of immunity from state taxation.
5. States Taxation
Tests for determining whether an entity is federal instrumentality for purposes of protection from state or local action or taxation, is very broad: whether entity performs important governmental function.
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http://nesara.org/court_summaries/lewis_v_united_states.htmIs the Fed Private or Public?
IT'S A DECENTRALIZED CENTRAL BANK, INSIDE THE GOVERNMENT AND INDEPENDENT FROM IT.
By Juliet Lapidos
Posted Friday, Sept. 19, 2008, at 6:21 PM ET
On Wednesday, the Explainer described why the U.S. Federal Reserve happened to have $85 billion lying around to bail out American International Group. By Thursday afternoon, our inbox was deluged with e-mails asking why we made the Fed sound like a government agency by using the terms "Fed" and "government" interchangeably in reference to the AIG loan deal. Wait a minute: Is the Federal Reserve public or private?
It's neither. From one perspective, the Fed looks like a public institution: Congress created it in 1913 to maintain the stability of the financial system; the president appoints, and the Senate confirms, the members of its Board of Governors; and it's not out to make a profit—after taking care of expenses, the Fed hands off its earnings to the Treasury. Furthermore, the details of its responsibilities are subject to congressional oversight. Still, the Fed is rightly classified as an independent central bank. Neither the executive branch nor the legislature gets a direct say in its decision-making, and it pays for its own operations (primarily by acquiring U.S. government securities on the open market). In short, the Fed is an independent entity within the government.
The Fed is organized like a federation—there's a central governing agency in Washington, D.C., and 12 regional banks scattered across the country. These 12 banks issue shares of stock to thousands of private member banks, including institutions like the Deutsche Bank Trust Co. of America and the Gotham Bank of New York. But regional bank membership isn't like owning stock in Coca-Cola. The member banks are not allowed to sell or trade their shares, which produce dividends at a fixed rate of 6 percent. And they must invest 3 percent of their capital in the Federal Reserve Banks.
http://www.slate.com/id/2200411/