Sunday, May 28, 2023

No decision was made in the Halkbank case in the USA! The judges differed

An appeal hearing was held in the USA today for Halkbank, who was added as a defendant to the Rıza Zarrab case, which started in the New York Federal Court in 2016.


According to the news in Reuters, Halkbank denied allegations that it used bank fraud and money laundering methods by using front companies to evade US sanctions.

Halkbank applied to the high court with the allegation that it could not be tried in a criminal court in the USA, according to the Sovereign Foreign State Immunity Law, since it is a public institution owned by Turkey. The high court also accepted Halkbank’s application and agreed to listen to the lawyers in one session.


Halkbank was charged with conspiracy to defraud the United States, violating the International Emergency Economic Power Act by making money transfers to Iran, defrauding US banks, defrauding the US banking and financial system, and money laundering.

Halkbank and the Office of the Chief Public Prosecutor of the US Department of Justice will verbally explain their defense and allegations, which they have submitted to the court in written form, to the court at the hearing to be held today.

In the 45-page indictment that was announced against Halkbank on October 15, 2019, it was also claimed that Halkbank’s management was supported and protected by senior officials of the Turkish government.


Halkbank’s defense lawyers and the prosecutor’s office, after presenting their claims and defenses in 30 minutes at most, answered the questions of the court committee. Judges Brett Kavanaugh, Neil Gorsuch and Sonia Sotomayor, who were present at the court, thought that the Halkbank case could create problems in the proceedings related to other countries.


No decision was made in today’s hearing regarding Halkbank’s appeal.

Experts also state that the most important reason for opening the way for Halkbank to apply to the Constitutional Court is to set a precedent for the different decisions taken in different courts of appeal regarding the law.


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