Türkiye Halk Bankası A.Ş. v. United States

Türkiye Halk Bankası A.Ş. v. United States, 598 U.S. 264 (2023), was a United States Supreme Court case concerning the exposure of Turkish state-owned bank Halkbank to prosecution by the Department of Justice under the Foreign Sovereign Immunities Act of 1976, and more broadly, the limits imposed by the sovereign immunity doctrine on criminal prosecution.[1][2][3][4]

Türkiye Halk Bankası A.Ş. v. United States
Supreme Court of the United States
Argued January 17, 2023
Decided April 19, 2023
Full case nameTürkiye Halk Bankası A.Ş. v. United States of America
Docket no.21-1450
ArgumentOral argument
Questions presented
Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1441(d), 1602-1611.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Amy Coney Barrett · Ketanji Brown Jackson
Case opinions
MajorityKavanaugh, joined by Roberts, Thomas, Sotomayor, Kagan, Barrett, Jackson
Concur/dissentGorsuch, joined by Alito
Laws applied
Foreign Sovereign Immunities Act of 1976

Background

After a ruling by the United States Court of Appeals for the Second Circuit, the Supreme Court granted certiorari, asking "[w]hether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. ... and in light of the Foreign Sovereign Immunities Act".[5]

The governments of Azerbaijan, Pakistan,[6] and Turkey filed amicus briefs in support of Halkbank. Professor Chimene Keitner and Mark B. Feldman filed an amicus brief supporting the government.[7]

Argument

Oral argument took place on January 17, 2023. Lisa Blatt argued on behalf of Halkbank.[1][4] On April 19, 2023, the Supreme Court affirmed the Second Circuit.

See also

References
  1. Liptak, Adam (January 17, 2023). "Supreme Court Looks for Middle Path in Prosecution of Turkish Bank". The New York Times.
  2. Chung, Andrew; Kruzel, John (January 17, 2023). "U.S. Supreme Court mulls Turkish lender Halkbank's bid to avoid charges". Reuters.
  3. Barnes, Robert (January 17, 2023). "Supreme Court struggles with criminal charges against Turkish-owned bank". The Washington Post.
  4. Howe, Amy (January 17, 2023). "Justices probe global consequences of allowing U.S. prosecutions of companies owned by foreign governments". SCOTUSblog.
  5. "Question Presented" (PDF). Supreme Court of the United States.
  6. "Brief amici curiae of Republic of Azerbaijan and Islamic Republic of Pakistan" (PDF). Supreme Court of the United States. June 16, 2022.
  7. https://www.supremecourt.gov/DocketPDF/21/21-1450/250647/20221221152328041_21-1450%20bsac%20Feldman%20%20Keitner.pdf
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