The Foreign Sovereign Immunities Act does not apply to criminal cases, the Supreme Court of the U.S. held in an April 17 opinion, opening Turkish state-owned Halkbank up to criminal prosecution for conspiring to evade U.S. sanctions on Iran. Justice Brett Kavanaugh, the author of the opinion, said the text of the FSIA, which the bank claimed protected it from prosecution, clearly shows it only addresses civil suits. Six of the court's justices sided with Kavanaugh, with Justices Neil Gorsuch and Samuel Alito dissenting (Turkiye Halk Bankasi A.S. v. U.S., Sup. Ct. # 21-1450).
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Niloufar Bahadorifar, a U.S. citizen originally from Iran, was sentenced to four years in prison for conspiring to violate U.S. sanctions on Iran by providing financial services to the Iranian government and for structuring cash deposits, DOJ announced. The Irvine, California, resident was found guilty of conspiring to violate the International Emergency Economic Powers Act.
Behrouz Mokhtari of McLean, Virginia, and Tehran pleaded guilty Jan. 9 to two conspiracies to violate U.S. sanctions on Iran "by engaging in business activities on behalf of Iranian entities" without getting a license from the Treasury Department's Office of Foreign Assets Control, DOJ announced. Mokhtari will forfeit money, property and assets obtained from the schemes, including a Campbell, California, home, and a money judgment of over $2.8 million, DOJ said. The defendant faces a maximum of five years in prison for each of the two conspiracy counts.
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DOJ unsealed a 15-count indictment Nov. 29 charging Madison County, Alabama, resident Ray Hunt with conspiring to violate U.S. sanctions on Iran, defrauding the U.S., smuggling goods from the U.S., and submitting false export information, the department announced. Hunt faces a maximum penalty of up to 20 years in prison and a $1 million fine for violating U.S. sanctions against Iran, up to five years for the count of conspiracy, 10 for the smuggling charge and another five for the false information charge.
A Texas U.S. district court found that Chinese telecommunications company ZTE Corp. committed visa fraud to get employees in the U.S. Making the determination during a hearing on whether to revoke ZTE's probation for violating sanctions on Iran, Judge Ed Kinkeade of the Northern District of Texas said that the court decided not to revoke it and to resentence ZTE after looking at the evidence (United States v. ZTE Corporation, N.D. Tex. #3:17-00120).
The European Court of Justice dismissed an appeal on Nov. 18 by Fereydoun Mahmoudian that sought to increase the amount of compensation awarded to Mahmoudian from the General Court's decision to give him over $80,000 due to his inclusion on the European Union's Iran sanctions list. Unsatisfied with this amount, Mahmoudian sought over $1 million in material damages and $564,000 for non-pecuniary damages from the ECJ or to remand the case to the General Court. The appealed damage payments awarded by the lower court also included payments of over $560 for every month his assets were frozen. The ECJ ruled that the General Court was right to find that Mahmoudian gave insufficient evidence to establish the reality and extent of the alleged damages, and that the General Court's numbers were properly supported. The ECJ also ordered Mahmoudian to bear his own costs and pay those incurred by the European Council, but the European Commission was required to pay its own costs.
The European Court of Justice ruled that the freezing of funds and economic resources prevents the implementation of measures that establish a right to be paid on a priority basis in favor of a certain creditor in relation to others, because those measures alter the destination of the frozen funds, potentially allowing their use. The decision came in response to a preliminary ruling from the French Court of Cassation on questions arising from the case Bank Sepah v. Overseas Financial Ltd. and Oaktree Finance Ltd. The case dealt with creditors' ability to enforce action against assets frozen under the EU's Iran sanctions regime, the EU Sanctions blog reported Nov. 15. The French court asked the ECJ whether EU sanctions prevent a "non-earmarking" judicial lien from being imposed over frozen assets without a license and whether it is relevant that the debt is unrelated to the Iranian ballistic missile program and came about before the bank's United Nations sanctions designation. On the latter question, the ECJ said that "the fact that the grounds for the claim for recovery from the person whose funds are frozen are unrelated to the Iranian ballistic missile programme is not relevant to that question," EU Sanctions said.
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