Kenneth Rijock

Kenneth Rijock

Friday, March 15, 2019

RUSSIAN OLIGARCH OLEG DERIPASKA SUES TREASURY AND OFAC TO REMOVE SANCTIONS


Vladimir Putin and Oleg Deripaska


Oleg Deripaska, the sanctioned Russian Oligarch whose name is one everyone's lips in the Special Counsel Russia investigation, has brought a civil suit in US District Court in Washington, to have his sanctions lifted, and for declaratory relief.

Deripaska has named, as party defendants:
(1) The Secretary of the Treasury, in his official capacity.
(2) The Department of the Treasury.
(3) The Director of OFAC, in her official capacity.
(4) the Office of Foreign Assets Control (OFAC).

The allegations:
(A) The sanctions are arbitrary and capricious actions, under the Administrative Procedure Act.
(B) Plaintiff's Fifth Amendment right to Due Process was violated. APA violation.
(C)  Plaintiff failed to receive notice of the designation. APA violation.
(D) Plaintiff failed to receive notice of the basis for his designation. APA violation.
(E) The failure to provide notice of the reasons for his designation violates the APA.
(F) The act of identifying him violates the APA.

The Plaintiff wants the sanctions removed, as well as his designation as an Oligarch,  a retraction, copies of any evidence relevant to the sanctions, release of records, costs and attorneys' fees.

Perhaps Mr. Deripaska's attorneys should look at last year's DC District Court case, regarding the Waked money laundering organization, which is similar to the facts of the Deripaska case. The Government prevailed, and Waked's appeal to the DC Circuit Court was unsuccessful. The bar they face to prevail in this case is extremely high.

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