Supreme Court rejects Turkish bank’s arguments in Iran case

Lawyer Blogs

The Supreme Court on Wednesday rejected a Turkish bank’s main arguments for dismissing a lawsuit accusing it of helping Iran evade U.S. sanctions, but the court sent the case back for additional review.

Halkbank, a bank owned by Turkey, had argued that a federal law, the Foreign Sovereign Immunities Act of 1976, gave foreign states absolute immunity from criminal prosecution in U.S. courts. It also said federal courts don’t have jurisdiction to oversee the case.

“We disagree with Halkbank on both points,” Justice Brett Kavanaugh wrote for himself and six of his eight colleagues.

Still, Kavanaugh said the case should go back to a lower court for further review. He said the lower court “did not fully consider the various arguments regarding common-law immunity that the parties press in this Court.”

The federal government says the bank “participated in the largest-known conspiracy to evade the United States’ economic sanctions on Iran,” laundering billions of dollars worth of Iranian oil and natural gas proceeds. The government says that working with an Iranian-Turkish businessman, the bank created ways for Iran to access the funds — including shipments of gold and fake food shipments. The government says that the schemes “freed up approximately $20 billion of restricted Iranian funds.”

The businessman, Reza Zarrab, has pleaded guilty.

The case was initiated under the Trump administration but was continued by the Biden administration.

The case is Turkiye Halk Bankasi A.S. v. United States, 21-1450.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

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