The Halkbank Case: Are Sovereign Owned Enterprises Immune From Prosecution?

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Friday, January 27, 2023
Author: 
Fred Davis
Volume: 
39
Issue: 
2
Abstract: 

On January 17, 2023, the Supreme Court heard argument in Halkbank v. United States, Dkt. No. 21-1450.  That argument confirmed two things: the issue before the Court is very consequential, and all of the potential outcomes under consideration create thorny problems of interpretation or anomalies in their execution.  The Court’s ultimate decision, which remains very unclear after the argument, may depend on whether it will be strictly guided by the words actually used by Congress even in face of strong reason to doubt whether Congress actually intended that result.