United States v. Bahadorifar (S.D.N.Y. 2021) - Criminal Indictment (1:21-cr-00430, Dkt 1)

Date issued: Jul. 13 2021

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TURBOFAC Commentary (1033 words)

Notes:

1) LEGAL BASIS FOR LIABILITY

This indictment appears to be, at least partially, based on theories of liability that are unlike anything that OFAC has ever charged in the civil enforcement context. These comments are limited only strictly to “Count Two” and the facts that appear to be related thereto. The other charges related to criminal laws that are not administered by OFAC.

The government alleges violations of the ITSR and GTSR. As is not uncommon of these indictments, there is a fairly weak connection of the dots between the facts alleged and the specific violations charged. The violations of the IEEPA-based sanctions regulations (i.e. the ITSR and GTSR) appear to stem from activities in furtherance of the plot to...