Kenneth Rijock

Kenneth Rijock

Friday, December 25, 2020

APPEALS COURT DENIES MANDAMUS IN HALKBANK CASE, BUT STAYS PROCEEDINGS PENDING RESOLUTION OF APPEAL

 


 

The Second Circuit Court of Appeals this week ruled on a number of pending matters:

(1) It denied the bank's Petition for a Writ of Mandamus, (which if granted could have terminated the case0, because the bank had not demonstrated that its right to the writ was indisputable or appropriate.

(2) It deferred the government motion to dismiss.

(3) It stayed the lower court proceedings, pending the bank's appeal, and required that the appeal be heard on an expedited basis.

The bank's counsel's strategy appears to focus on contesting subject matter or personal jurisdiction; while we do not know the quality or quality of the Government's evidence,  we can assume that it is substantial, including efforts of the bank to conceal the true purpose of its activities, which were arguably in violation of international and US sanctions. Clearly, the bank's attorneys know what will happen when the evidence is presented to an American jury.


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