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

For those readers who have been closely following the Federal criminal case against the Turkish government-owned bank HALKBANK, bank counsel has filed its Reply Brief in the US Supreme Court case. Here are the issues the bank has framed in that filing, taken verbatim. The complete text of the brief is available on the US Supreme Court website. Visit https://www.supremecourt.gov/ and then go to the Docket page to access the case file.

(1) 18 U.S.C. § 3231 Does Not Extend to Foreign Sovereigns .

(2). Congress Has Not Granted Criminal Jurisdiction Over Foreign Sovereigns . 

(3) Halkbank Is a Sovereign Instrumentality by Any Metric .

(4) The FSIA Forecloses Criminal Jurisdiction .

(5) Section 1604 Bars Criminal Jurisdiction .

(6) The FSIA’s Exceptions Are Irrelevant in Criminal Cases .

(7) The Commercial-Activities Exception Does Not Apply Here Anyway .