The law firm of Kirkland & Ellis, in a letter to the Court, has addressed the Government's written concerns, regarding a potential conflict of interest, in Kirkland's continued representation of Reza Zarrab, in his Federal Iran sanctions violations case. A number of attorneys, previously with another firm, joined* Kirkland, subsequent to their engagement as defense co-counsel, and Kirkland has represented both Deutsche Bank and Bank of America, both of which had processed barred international financial transactions for Zarrab.
The firm's response:
(1) The interests of the two banks are not adverse to that of Zarrab, and the Government's theory of damages is flawed.
(2) Kirkland & Ellis confirms that "is not representing Deutsche Bank, or Bank of America, in any matter related to Mr. Zarrab, or his alleged conduct."
(3) Thought it does not believe that there is any potential conflict of interest, the Kirkland firm has erected a 'Chinese Wall,' which is an ethical wall, or an information barricade, which prohibits access to any material related to Kirkland's representation of Zarrab. to anyone at Kirkland who has worked for any of the two banks, or anyone at the firm who has not been pre-cleared by Kirkland's conflicts department.
(4) The firm has no objection to a Curcio hearing, to query the client, and to obtain a waiver from him, of the possible conflict of interest, suggested a November 30th hearing date, and filed proposed questions, to be asked of Zarrab, which are modified from the Government's previously filed set.
* Kirkland stated that the Government statement was incorrect, it did not "acquire" the firm which previously represented Mr. Zarrab. The lawyers simply joined the firm.