US
Trashes Halkbank Attempt At
Special Appearance in SDNY
Asks For Sanctions
By Matthew
Russell Lee,
Patreon, Thread
Video
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
Nov 5 – Turkey's Halkbank was
indicted for Iran sanctions
violations and money
laundering on October 15 in
the U.S. District Court for
the Southern District of New
York. On October 21, Turkey
named convicted former
Halkbank executive Hakan
Atilla as the new managing
director of Borsa Istanbul.
On October
22, when SDNY Judge Berman
held a status conference,
Halkbank did not show up.
(Inner City Press has asked
follow scofflaw UN Sec-Gen
Antonio Guterres about this,
in writing). Late - at 10 pm -
on November 4 the US filed
with Judge Berman to "respond
to a letter delivered to the
Court today by King &
Spalding LLP, U.S. counsel for
Halkbank, requesting
permission to enter a limited
and special appearance; and
will also outline the Court’s
civil contempt authority to
compel compliance with its
orders, specifically the
summonses directing Halkbank’s
appearance in court to respond
to the charges against it in
the superseding indictment, S6
15 Cr. 867 (RMB) (the
“Indictment”). For the reasons
discussed more fully below,
Halkbank has been properly
served with the Indictment and
two summonses to appear
pursuant to Rule 4 of the
Federal Rules of Criminal
Procedure. King &
Spalding’s request to enter a
special appearance should be
denied, and that request does
not excuse Halkbank’s
obligation to comply with the
validly served
summonses.... the Court
has the authority to impose
civil contempt sanctions
against Halkbank for its
knowing violations of the
First Summons and—in the event
the bank fails to appear for
the November 5, 2019
arraignment in response to the
Second Summons—the Second
Summons on notice to the bank
and with an opportunity to be
heard, based on clear and
convincing evidence of the
bank’s noncompliance and its
lack of reasonable diligence
in attempting to comply. A per
diem fine for each day of
Halkbank’s continued
noncompliance (i.e., its
failure to appear in this
action through counsel to
answer the charges in the
Indictment) may be imposed
based on the character and
magnitude of the harm
threatened by the bank’s
continued contempt, the
probable effectiveness of the
fine, and the financial
consequences to Halkbank in
light of the defendant’s
financial resources and other
relevant circumstances. Should
Halkbank fail to appear on
November 5, the Government
respectfully submits that the
defendant should be ordered to
show cause why contempt
sanctions should not be
imposed and a potential
hearing date scheduled." Watch
this site.
On October 23 Judge Berman has
ordered: "WHEREAS the Court
finds that Halkbank has
willfully and knowingly
disobeyed the Court's order in
the First Smmnons to appear at
the First Conference, IT IS
HEREBY ORDERED that, to afford
Halkbank an opportunity to
cure its noncompliance with
the First Summons, the Court
is issuing a second summons
(the "Second Summons") with
this Order, directing Halkbank
to appear for an arraignment
in this matter on November 5,
2019 at 11:00 a.m, (the
"Second Conference"); IT IS
FURTHER ORDERED that, the
Government will serve this
Order, the Second Summons, and
the Indictment on Halkbank as
soon as practicable after the
issuance of this Order, by
means specified under Federal
Rule of Criminal Procedure 4,
including without limitation
the following: 1. Delivery by
mail, parcel service, or other
common carrier to Halkbank's
principal published business
address; 2. Electronic
transmission to King &
Spalding; 3. Delivery to any
registered agent of Halkbank
in the United States. IT IS
FURTHER ORDERED that the
Government's execution of any
of these forms of service will
constitute (additional)
effective service of a summons
and this Order. Should
Halkbank fail for a second
time to appear pursuant to the
Second Summons, the Court will
consider any appropriate
sanctions for knowing and
willful noncompliance. SO
ORDERED: (Signed by Judge
Richard M. Berman on
10/23/2019)."
Halkbank's
longtime law firm King &
Spalding put in a letter by
Andrew C. Hruska that it is
not accepting service of
process for Halkbank, which
has essentially done rogue,
like the United Nations did
when it dodged legal papers
for killing 10,000 in Haiti by
bringing cholera. This is what
the international "system" has
become. But Inner City Press
will have more, much more, on
this. For now, here
is K&S scofflaw letter.
The UN under Antonio Guterres
is entirely dodging the
controversy, eager as Guterres
is to get a second term by not
offending either the US or any
other power, especially China
but also including Turkey.
Meanwhile Guterres' partner
the UN Censorship Alliance
(UNCA) has half of its content
consisting of defense of
Atilla and Erdogan, whether on
assaults on the Kurds or
violations of sanctions.
***
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