In
Turkey Halkbank Civil Suit By
Iran Terrorism Victims Now
Appeal of Judge Berman Cited
By Matthew
Russell Lee,
Patreon, Thread
Video
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
Jan 1 – Turkey's Halkbank
officially gave up its
strategy of refusing to
official appear in the US
District Court for the
Southern District of New York
criminal case against it, and
on February 25 appeared and
agreed to be indicted. Inner
City Press live tweeted it here,
and below.
Since
August 21 Inner City Press has
been looking into a civil case
against Halkbank in the SDNY,
for the bank's "arm in arm"
work with Iran. That's from a
sealed complaint, for which
the Gibson Dunn law firm was
SDNY Judge J. Paul Oetken for
additional time to serve
Halkbank under the Hague
Convention. It was granted by
SDNY Judge Denise L. Cote.
On August 21, yet
more names were added to the
case. The plaintiffs are
individuals who are direct
victims and surviving family
members of the Embassy
Bombings, Beirut Bombing,
Jerusalem Bombing Atzmona
Attack, 2003 Bus Bombing and
two related attacks on U.S.
service members serving in
Iraq.
The
complaint says Halkbank
acquired its Iranian accounts
in 2004, when it merged with
Pamuk Bank, a Turkish bank
with long-standing ties to
Iran. The plaintiffs are suing
for rescission of fraudulent
conveyances, and under the
Terrorism Risk Insurance Act.
The schedule is on Patreon here.
And now on
December 30, Halkbank's
lawyers wrote to Judge Cote
about their fight with
"another district court" -
that is, Judge Richard M.
Berman: "James Owens, et al.,
v. Turkiye Halk Bankasi A.S.,
a/k/a “Halkbank”, No.
20cv02648 Dear Judge
Cote: We represent
Defendant Turkiye Halk Bankasi
A.S. (“Halkbank”) in the
abovereferenced case.
Plaintiffs’ letter of December
28, 2020, restates that they
agree oral argument would be
appropriate on Defendant’s
motion to dismiss. See ECF No.
74; ECF No. 73 (Halkbank’s
letter motion, noting
Plaintiffs’ agreement in
request for oral argument).
Plaintiffs further state in
their letter that they
“object” to Halkbank’s
submission of supplemental
declarations in support of its
reply memorandum, although
they add that they will be
prepared to address the
declarations at oral argument.
ECF No. 74. There is nothing
improper or unusual about
filing declarations to address
new arguments or information
presented in an opposition
brief, including declarations
that provide the court with
previously undisclosed
information that speaks to an
opposing declarant’s
objectivity and candor. The
supplemental declarations
serve those purposes, as
explained in Halkbank’s reply
brief. ECF No. 69 at 10 &
nn.6–8. Halkbank also wishes
to update the Court on a
procedural matter discussed in
the motion to dismiss
briefing. In its reply brief,
Halkbank noted that it had
filed an interlocutory appeal
from the decision of another
district court that had denied
the bank’s motion to dismiss
the criminal indictment on
sovereign-immunity grounds.
ECF No. 69 at 5 n.4. On
December 23, in the order that
Plaintiffs’ letter references,
the Second Circuit granted
Halkbank’s motion to stay the
district court proceedings in
the criminal case pending
Halkbank’s interlocutory
appeal, and ordered
expedited briefing. United
States v. Zarrab, No. 20-3499,
2d Cir. ECF No. 49.1 In
a separate order, the Second
Circuit set a schedule under
which briefing will be
completed by March 17, 2021.
Zarrab, No. 20-3499, 2d Cir.
ECF No. 50. Halkbank maintains
its position that the district
court’s decision in the
criminal case has limited
relevance here. See ECF No. 69
at 1, 5 & n.4.
Nevertheless, Halkbank
provides this information
because it was not available
when the reply brief was
filed. Respectfully
submitted, John S. Williams."
This case
is Owens et al. v. Halbank,
20-cv-02648
(Cote).
***
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