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FARES v. SMITH

No. 17-5075.

901 F.3d 315 (2018)

Abdul Mohamed Waked FARES, et al., Appellants v. John E. SMITH, in his official capacity as Acting Director, Office of Foreign Assets Control of the Department of the Treasury and Office of Foreign Assets Control of the United States Department of the Treasury, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 2018.

Attorney(s) appearing for the Case

James E. Gillenwater , Washington, DC, argued the cause for appellants. With him on the briefs was Peter J. Kahn , Washington, DC. David D. Aufhauser , Washington, DC, entered an appearance.

Nicolas Riley , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Jessie K. Liu , U.S. Attorney, Douglas N. Letter , Attorney, and Lauren Sun , Counsel, U.S. Department of Justice. Benjamin M. Schultz and H. Thomas Byron , Attorneys, U.S. Department of Justice, entered appearances.

Before: Pillard and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge.

The Office of Foreign Assets Control (OFAC) unilaterally named two Panamanian men and a business they control as Specially Designated Narcotics Traffickers. Under the Foreign Narcotics Kingpin Designation Act, that agency decision froze the designees' assets in the United States and forbade anyone here from transacting or...

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