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Real v. Simon
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AINSWORTH, Circuit Judge:
This case requires us to undertake the difficult task of resolving a conflict regarding the rights to assets located in the United States blocked by the Secretary of the Treasury but claimed by former Cuban nationals now residing in the United States. Appellants seek to have us reverse the decision of the district court, asserting the property rights of Cuban nationals who have sought refuge in this country from an oppressive, dictatorial regime. The Government of the United States, however, would have us affirm the trial court's judgment on the basis of the important national interest inherent in the conduct of this country's foreign affairs.
Appellants are the surviving heirs of Urbano Real, a Cuban national who died intestate on December 2, 1965, while still a citizen and resident of Cuba. Maria del...
Real v. Simon 510 F.2d 557 (5th Cir. 1975) and Tagle v. Regan 643 F.2d 1058 (5th Cir. 1981) are two notable Fifth Circuit cases articulating limitations on OFAC's regulatory authority. The cases remain good law (as of 2/2021) in the Fifth Circuit, but have not been followed in all other circuits having occasion to pass on the issues at bar (see Richardson v. Simon, 560 F.2d 500 (2d Cir. 1977)).
In Nielsen v. Secretary of Treasury, 424 F.2d 833 (D.C. Cir. 1970), the D.C. Circuit held that OFAC could, within its authority under the TWEA and 515.201 of the CACR, block all assets in which Cuban corporation had an interest, even...