Turkiye Halk Bankasi A.s. v. United States (598 U.S. 264)
U.S. Supreme Court · decided April 19, 2023 · Supreme Court Database (Spaeth)
- Citation
- 598 U.S. 264 · 143 S. Ct. 940
- Decided
- April 19, 2023
- Term
- October Term 2022
- Vote
- 9–0
- Majority author
- Justice Kavanaugh
- Issue area
- Criminal Procedure
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2022 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus TURKIYE HALK BANKASI A. S., AKA HALKBANK v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 21–1450. Argued January 17, 2023—Decided April 19, 2023 The United States indicted Halkbank, a bank owned by the Republic of Turkey, for conspiring to evade U. S. economic sanctions against Iran. Halkbank moved to dismiss the indictment on the ground that as an instrumentality of a foreign state, Halkbank is immune from criminal prosecution under the Foreign Sovereign Immunities Act of 1976. The District Court denied the motion. The Second Circuit affirmed after first determining that the District Court had subject matter jurisdiction over Halkbank’s criminal prosecution under 18 U. S. C. §3231 . The Second Circuit further held that even assuming the FSIA confers immunity in criminal proceedings, Halkbank’s charged conduct fell within the FSIA’s exception for commercial activities. Held: 1. The…
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