Turkey
Halkbank Not Immune 2d Cir
Decides Again After Supreme
Court Now Back to SDNY
By Matthew
Russell Lee,
Patreon
SDNY COURTHOUSE,
Oct 21 – Turkey's Halkbank has
officially given up its
strategy of refusing to
official appear in the US
criminal case against it, and
on February 25, 2020 appeared
and agreed to be indicted.
Inner City Press live tweeted
it here
and below.
On April
12, 2021 with the case stayed
pending appeal, a three-judge
panel of the Second Circuit
heard the arguments. Inner
City Press live tweeted it,
here: [& fast podcast here]
On October 22,
2021, the Second Circuit ruled
that Halkbank is NOT immune.
And see below.
On December
21, Halkbank
filed more
than 30 pages
with the
Second
Circuit,
seeking a stay
pending
appealing to Supreme
Court. Full filing
on Patreon here.
Halkbank was
indicted for Iran sanctions
violations and money
laundering in the U.S.
District Court for the
Southern District of New York.
Jump cut to April
8, 2024 when DOJ in a civil
case filed a motion to
intervene in and stay, and a
request to move the civil case
to Judge Berman with the
criminal case, in Hughes, et
al. v. Halkbank, et all,
23-cv-6481. In that
case, 151 Americans are suing
for death or injuries by Al
Qaeda in Afghanistan from 2012
to 2020 and in Syria 2012 to
2013.
April 8, 2024
letter on Patreon here
On October 22,
after going up to the Supreme
Court, the Second Circuit
ruled "because Halkbank is
being prosecuted in the United
States for its alleged
criminal activity related to
its commercial activities as
charged in the indictment, we
defer to the Executive
Branch’s determination,
through the U.S. Department of
Justice, that Halkbank should
not be afforded immunity in
this case. Accordingly, we
AFFIRM the order of the
district court and REMAND for
further proceedings consistent
with this opinion."
The criminal case
is US v. Turkiye Halk Bankasi
A.S., 15-cr-867 (Berman) The
appeal number is 20-3499
The civil case in
which DOJ has moved to
intervene, stay and
consolidate is
Hughes,
et al. v.
Halkbank, et
all,
23-cv-6481
(Vyskocil)
***
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