Sanctions-related Judicial Opinion - United States v. Atilla - 15 Cr. 867 (RMB) (S.D.N.Y. Feb. 7, 2018) (Dkt. 493)

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TURBOFAC Commentary (2123 words)

Notes:

*The below was drafted prior to the 2nd. Circuit Court of Appeal's decision (see U.S. v. Atilla (2nd Cir. 2020)), and has not been edited since the issuance of that decision. The 2nd. Circuit upheld the conviction of Atilla, but found that one cannot violate the by "evading" or "avoiding" a secondary sanctions provision. Instead, the "evasion" and "avoidance" language extends only to conduct that is actually "prohibited," i.e. itself unlawful, rather than merely "sanctionable."

1) BACKGROUND

While not particularly clear from the opinion itself, the Atilla case, currently on appeal, is distinguishable from U.S. v. Zarrab, 15 CR 867 (RMB) (S.D.N.Y. Oct. 17, 2016) (Dkt. 90), and important because it theoretically permits for criminal and civil penalties for "violations" of secondary sanctions, at least when those secondary sanctions are implemented in a set...

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United States v. Atilla - 15 Cr. 867 (RMB) (S.D.N.Y. Feb. 7, 2018) (Dkt. 493)

TURBOFAC Commentary (2123 words)