Saturday, August 6, 2022

HALKBANK FILES ITS REPLY BRIEF IN THE U.S. SUPREME COURT

No. 21-1450

In the Supreme Court of the United States

TURKIYE HALK BANKASI A.S., AKA HALKBANKPETITIONER,

v.

UNITED STATES OF AMERICARESPONDENT.

ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

Halkbank, The Turkish government-owned financial institution, seeking to avail itself of the Doctrine of Sovereign Immunity to escape a Federal money laundering charge in the Reza Zarrab Iran oil-for-gold sanctions evasion case, has filed its Reply Brief in the United States Supreme Court. The District Court (SDNY) held that the Commerce Exception to the Foreign Sovereign Immunities Act applied, and Second Circuit affirmed that decision. A Certiorari Petition to the high court followed, as the bank had no more appeals as a matter of right.

The bank is looking for Cert to be granted under either Conflict Certiorari, where two or more of the appellate Circuits' decisions are on conflict, or that the matter be deemed of great public interest, or that a Substantial Federal Question exists. 

Here are the bank's issues, as framed by its counsel in its brief, quoted verbatim:

  1. The Decision Below Deepens an Entrenched Circuit Split and Conflicts with This Court’s Decisions.

  2. The Question Presented Is Exceptionally Important and Squarely Presented.

  3. The Decision Below Is Wrong .


The Court will take up the case in Conference on September 28; we shall be monitoring the outcome.




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