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UNITED STATES v. TURKIYE HALK BANKASI A.S.

No. 20-3499-cr August Term 2020.

16 F.4th 336 (2021)

UNITED STATES of America, Appellee, v. TURKIYE HALK BANKASI A.S., aka Halkbank, Defendant-Appellant. Reza Zarrab, aka Riza Sarraf, Camelia Jamshidy, aka Kamelia Jamshidy, Hossein Najafzadeh, Mohammad Zarrab, aka Can Sarraf, aka Kartalmsd, Mehmet Hakan Atilla, Mehmet Zafer Caglayan, Abi, Suleyman Aslan, Levent Balkan, Abdullah Happani, Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 22, 2021.

Attorney(s) appearing for the Case

Sidhardha Kamaraju ( Michael D. Lockard , David W. Denton, Jr. , Jonathan E. Rebold , Thomas McKay , on the brief), Assistant United States Attorneys, for Damian Williams , United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Simon A. Latcovich ( Robert M. Cary , Eden Schiffmann , James W. Kirkpatrick , on the brief), Williams & Connolly, LLP, Washington, D.C., for Defendant-Appellant.

Before: Kearse, Cabranes, and Bianco, Circuit Judges.

This case presents two questions. First, whether a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act ("FSIA") is immediately appealable under the collateral order doctrine. Second, whether FSIA confers immunity on foreign sovereigns from criminal prosecutions....

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