Saturday, April 27, 2024

Turkey Halkbank Not Immune 2d Cir Decided DOJ Asks to Stay Civil Case Halkbank Opposes


By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, April 22 – 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.

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. The US Attorney's Office writes that it relies on the factual allegations in US v. Zarrab and facts adduced at the trial of Attila.

April 8, 2024 letter on Patreon here

On April 22, Halkbank replied opposing staying the Court (Judge Mary Kay Vyskocil) ruling on Halkbank's motion to dismiss, saying of the US Attorney that "nowhere does he assert that resolving the motion to dismiss would interfere with any criminal prosecutions." Halkbank proposed order on Patreon here.

The criminal case is US v. Turkiye Halk Bankasi A.S., 15-cr-867 (Berman)

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)

sdny

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