Halkbank Seeks to Bring Case Back to U.S. Supreme Court
Halkbank (HALKB) has filed a petition with the U.S. Supreme Court for a reconsideration of the case in which it is being prosecuted as a defendant in the Rıza Sarraf case in the Southern District of New York.
According to the Voice of America website, in the petition submitted to the U.S. Court of Appeals for the Second Circuit, Halkbank requested a reevaluation of the previous decision regarding its prosecution in the U.S. Additionally, it sought a stay of the proceedings in the lower court until the legal process in the Supreme Court is completed.
The court announced that it accepted Halkbank's request. In a decision announced through the electronic judicial system, it was stated that Halkbank's right to approach the Supreme Court was recognized, thereby giving the bank an opportunity to defend itself if the court accepts the petition. This will lead to a suspension of the judicial process in the Rıza Sarraf case.
Halkbank's Trial Process and Defense
In its petition, it was noted that the defense regarding the Foreign Sovereign Immunities Act (FSIA) claims that Halkbank cannot be prosecuted in the U.S. It emphasized the significance of the decision made by the Second Circuit Court of Appeals as it marked a precedent where a foreign state institution was allowed to face criminal prosecution. The decision has been communicated to the senior judges who previously reviewed the case in the Rıza Sarraf matter, namely Amalya L. Kearse, Jose A. Cabranes, and Joseph F. Bianco.
In the petition, a filing prepared by attorney Robert M. Cary on behalf of Halkbank included objections related to the Court's decision. It was expressed that the U.S. Attorney's Office for the Southern District of New York also supported this petition regarding the appeal presented to the U.S. Supreme Court. The outcome of the decision in the Supreme Court and the future of the case is expected to be closely monitored developments in the near future.