What is the current state of the law in relation to the seizure of assets under the Terrorism Act?

We acknowledge that the issue of asset flight is a legitimate concern; that coordination may be required with different agencies of this government or even with foreign governments; and that additional assets may be discovered in the future. To the extent that those concerns are present in any given situation, OFAC can protect its interest in stopping the funding of terrorism by seizing the assets initially pursuant to an emergency exception to the warrant requirement, see United States v. Deemer, 354 F.3d 1130, 1132 (9th Cir.2004)

[660 F.3d 1047]

(describing the emergency exception); or pursuant to a carefully circumscribed warrant, cf. United States v. Tamura, 694 F.2d 591, 59596 (9th Cir.1982) (permitting, in some instances involving intermingled documents, the seizure of many documents followed by the ability to seek a warrant for material not initially covered by a warrant). After OFAC has blocked the assets so that asset flight is foreclosed, OFAC then can obtain a warrant specifying the particular assets.