NY court denies RCBC junking plea

The Supreme Court of the State of New York, the first instance trial court, denied a motion of RCBC and the current and individual employee-defendants to summarily dismiss the case filed by the Bangladesh Bank over a hacking incident in February 2016.

In a decision on 14 January, the New York Court merely resolved the jurisdictional issues on whether the case initiated by Bangladesh Bank can actually be heard in New York instead of in the Philippines notwithstanding that most of the witnesses to the case and evidence to be presented would be from the Philippines.

According to the New York Court, the advent of technology now allows persons and evidence found in the Philippines to be examined in the opposite side of the globe.

Ruling did not touch on merits

The ruling, RCBC emphasized, is not a decision on the merits of the case and is not in any way a finding of liability on the part of RCBC or any of the individual defendants. The New York Court also directed the parties to mediate the dispute.

RCBC added that what remains unexplained until today, more than six years after this incident in February 2016, is what actually happened within the walls of Bangladesh Bank. It has not released any report of the incident and has repeatedly pointed fingers at other parties instead of revealing what truly occurred within the confines of their offices and people they control.

RCBC said it will continue to defend the case vigorously and is considering all options, including the possibility of an appeal against the denial of the motion to dismiss.