2023 United States Supreme Court case
Türkiye Halk Bankası A.Ş. v. United States Full case name Türkiye Halk Bankası A.Ş. v. United States of AmericaDocket no. 21-1450 Argument Oral argument Opinion announcement Opinion announcement 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.
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito Sonia Sotomayor · Elena Kagan Neil Gorsuch · Brett Kavanaugh Amy Coney Barrett · Ketanji Brown Jackson
Majority Kavanaugh, joined by Roberts, Thomas, Sotomayor, Kagan, Barrett, Jackson Concur/dissent Gorsuch, joined by Alito Foreign Sovereign Immunities Act of 1976
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]
Background
After an October 2021 ruling by judges José A. Cabranes , Joseph F. Bianco , and Amalya Kearse of 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.[ 8]
See also
References
^ a b Liptak, Adam (January 17, 2023). "Supreme Court Looks for Middle Path in Prosecution of Turkish Bank" . The New York Times .
^ Chung, Andrew; Kruzel, John (January 17, 2023). "U.S. Supreme Court mulls Turkish lender Halkbank's bid to avoid charges" . Reuters .
^ Barnes, Robert (January 17, 2023). "Supreme Court struggles with criminal charges against Turkish-owned bank" . The Washington Post .
^ a b Howe, Amy (January 17, 2023). "Justices probe global consequences of allowing U.S. prosecutions of companies owned by foreign governments" . SCOTUSblog.
^ "Question Presented" (PDF) . Supreme Court of the United States.
^ "Brief amici curiae of Republic of Azerbaijan and Islamic Republic of Pakistan" (PDF) . Supreme Court of the United States. June 16, 2022.
^ https://www.supremecourt.gov/DocketPDF/21/21-1450/250647/20221221152328041_21-1450%20bsac%20Feldman%20%20Keitner.pdf
^ Howe, Amy (April 20, 2023). "Court rules federal immunity law does not shield Turkish bank from U.S. prosecution" . SCOTUSblog . Retrieved January 1, 2024 .
External links