Consolidated Comment on the Civil Penalty Issued in ExxonMobil Corporation (2017), the Administrative Record Underlying the Penalty, and the Ensuing Litigation [A]

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TURBOFAC Commentary (8173 words)

Consolidated Comment on the Civil Penalty Issued in ExxonMobil Corporation (2017), the Administrative Record Underlying the Penalty, and the Ensuing Litigation (System Ed. Note)


1) BACKGROUND


This consolidated comment addresses certain aspects of the 2017 penalty assessed against ExxonMobil (Civil Enforcement Information - ExxonMobil Corporation (2017)), and the various documents contained in the Administrative Record underlying the penalty.


At the time the litigation challenging the penalty was initiated, it was of only two OFAC penalty assessments from 2006 through late-2019 to be challenged in an Article III, U.S. Federal Court. The other was Epsilon Electronics Inc. (1 of 2 - 2014) On Jan. 21, 2019, the trial court hearing the Exxon case issued Memorandum Opinion and Order in Exxon Mobil Corporation et al v. Mnuchin et al. (N.D. Tex, 2019) (Dkt. 110). The Northern District of Texas vacated the Penalty Notice issued to Exxon on "fair notice"...