Kenneth Rijock

Kenneth Rijock

Tuesday, January 3, 2017

OFAC MOVES TO DISMISS WAKED CIVIL SUIT FILED AGAINST IT


Attorneys for the Department of Justice have filed a motion to dismiss, or in the alternative, for summary judgment*, in the District Court civil action, filed by Abdul Waked, the alleged co-owner of what the Government calls the Waked Money Laundering Organization, against the Office of Foreign Assets Control, OFAC.  We have previously covered** the claims made by the plaintiffs, who have been subject to sweeping OFAC sanctions.

Basically, the Government's position is that the Plaintiffs' claims are moot, and that they lack Constitutional standing to bring this action. regarding the first cause of action, OFAC, post-filing, provided the plaintiffs with two unclassified summaries of the information that the agency used as reasons for pronouncing the sanctions, including what it calls "detailed explanations of the multiple, strong reasons for their designation." Having therefore provided the relief sought in the complaint, the matter is now moot.

The second defense, that the plaintiff lack Constitutional standing to claim a procedural due process violation, appears valid, because the plaintiffs have neither a physical presence, nor any substantial financial, or other, connection to the United States, which is a prerequisite for constitutional standing.

When the Court rules on these and other pending motions, we will update our readers accordingly.
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* A summary judgment can be granted when there is no dispute as to any material fact, and the moving party is entitled to judgment as a matter of law.
**The Sanctioned Panamanian Waked Organization sues OFAC in US District Court



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