Mark Finsterwald

Foley Hoag LLP

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Latest Posts › Criminal Prosecution

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Second Circuit Holds Common-Law Foreign Sovereign Immunity Does Not Save Halkbank from Criminal Prosecution

On October 22, 2024, the U.S. Court of Appeals for the Second Circuit determined that common-law foreign sovereign immunity does not protect Halkbank, a commercial bank, majority-owned by Turkey, from criminal prosecution for...more

11/1/2024 / Appeals , Banking Sector , Criminal Prosecution , Executive Branch , Export Controls , Foreign Sovereign Immunities Act of 1976 (FSIA) , Sanctions , Sovereign Immunity

Oral Argument in Supreme Court Case Involving U.S. Prosecution of State-owned Entity Shows Justices May Remand to Have Lower Court...

During oral argument in Turkiye Halk Bankasi A.S. v. United States, the Court raised several questions about whether a state-owned entity, Halkbank, was immune from U.S. criminal prosecution under the common law. The...more

1/31/2023 / Criminal Prosecution , FISA , Foreign Sovereigns , Immunity , Oral Argument , SCOTUS

Comity or Condemnation: Supreme Court to Decide Whether State-Owned Bank is Immune from Criminal Prosecution Under the Foreign...

The Supreme Court of the United States is set to determine whether the United States can prosecute a commercial bank, which is majority-owned by the Republic of Turkey, for allegedly violating U.S. law. In 2019, U.S. federal...more

1/11/2023 / Banks , Comity , Criminal Prosecution , Foreign Sovereign Immunities Act of 1976 (FSIA) , Indictments , SCOTUS , State-Owned Enterprises

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