The Government has filed its Brief of Appellee, in the DC Appeal of the District Court summary judgment, entered against the Waked family, seeking to remove the OFAC designation entered against those Panamanian nationals known to be involved in money laundering operations.
The issues discussed are no surprise:
(1) OFAC's disclosures satisfied its notice obligations, under both the Due Process Clause, and the Administrative Procedure Act.
(2) OFAC is not required to disclose evidence that would reveal confidential investigative sources and methods.
(3) The District Court's decision does not produce absurd results.
The case law aptly cited shows that, only in the rarest of circumstances, and then only where there is real OFAC misconduct or error, do the courts take action, regarding OFAC sanctions. We note that the only Waked family member actually in custody, has recently indicated, through counsel, his intention to enter a plea to the money laundering charges fled against him, in District Court in Miami. he is not a party plaintiff in the DC case.