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United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued October 1, 2025 Decided July 14, 2026
No. 24-5277
AXEL DIEGELMANN, ET AL., APPELLANTS
v.
SCOTT BESSENT, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF THE TREASURY, ET AL.,
APPELLEES
Appeal from the United States District Court for the District of Columbia
(No. 1:24-cv-01090)
Amir Toossi argued the cause and filed the briefs for appellants.
Sean R. Janda, Attorney, U.S. Department of Justice, argued the cause for appellees. On the brief were Yaakov M. Roth, Acting Assistant Attorney General, and Sharon Swingle and Benjamin M. Shultz, Attorneys.
Before: KATSAS and CHILDS, Circuit Judges, and EDWARDS, Senior...
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1) On 2-23-24, OFAC designated “German nationals Axel Paul Diegelmann (Axel) and Fritz Diegelmann (Fritz)” for having “collaborated with Russia-based metals companies to disguise the origin of Russian precious metals,” and in so doing “operating or having operated in the metals and mining sector of the Russian Federation economy” (see https://home.treasury.gov/news/press-releases/jy2117). Because OFAC alleged evasive conduct “disguis[ing] the origin,” this would not qualify as an ordinary “secondary sanctions” action, but the challenge is nonetheless notable because it based on arguments that OFAC’s “operating in” designation criterion, as interpreted by its FAQs, did not reach to the “procurement” of geological materials (and, alternatively,...