United States v. Alavi Found. (In re 650 Fifth Ave. & Related Props.) 830 F.3d 66 (2d Cir. 2016)

Date issued: Jul. 20 2016

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TURBOFAC Commentary (1723 words)

Notes:

* For general background on the litigation to which this item and several others in the Research System pertain, see Background Note re: United States v. Alavi Found. (In re 650 Fifth Ave. & Related Props.) and Related Cases. The following assumes familiarity with that background.

1) This opinion relates to a widely reported on case with a massive docket that involves an interesting fact pattern and a rare opportunity for a circuit court of appeals to opine on the meaning of "owned or controlled" within the meaning of 560.304 (Government of Iran). The decision can have ramifications for all other sanctions provisions attaching to persons "controlled" by other persons, where "controlled" or "otherwise controlled" is left undefined.

There was a civil forfeiture case in which the primary target was a New York corporation consisting primarily of an office building. That corporation...