Oct 6 (Reuters) - The Supreme Court declined on Monday
to hear another bid by Turkey's state-owned lender Halkbank
to avoid fraud, money laundering and conspiracy
charges in the United States for allegedly helping Iran evade
American economic sanctions.
The justices turned away Halkbank's appeal of a lower
court's ruling that let the criminal case brought by the U.S.
government proceed, allowing that decision to stand. The Supreme
Court in 2023 threw out a previous decision by the same lower
court that had permitted the case to move forward but at that
time rejected a key defense mounted by the bank.
Brought by U.S. federal prosecutors in 2019, the case has
been a thorn in U.S.-Turkey relations, with Turkish President
Tayyip Erdogan calling it an "unlawful, ugly" step.
Halkbank has pleaded not guilty.
Prosecutors with the Manhattan U.S. Attorney's office
accused Halkbank of using money servicers and front companies in
Iran, Turkey and the United Arab Emirates to help Iran evade
U.S. sanctions.
The bank secretly transferred $20 billion of restricted
funds, converted oil revenue into gold and cash to benefit
Iranian interests and documented fake food shipments to justify
transfers of oil proceeds, according to prosecutors.
In asking the Supreme Court to take up the case, Halkbank
argued that as a Turkish state-owned entity it should be immune
from legal actions in another country's courts.
In 2023, when the Supreme Court rejected Halkbank's
contention that it was protected under the federal Foreign
Sovereign Immunities Act, it directed the Manhattan-based 2nd
U.S. Circuit Court of Appeals to consider whether common law
provided immunity. Common law refers to legal principles
developed over centuries by judges, not by specific statutes.
The 2nd Circuit considered that issue and last year rejected
Halkbank's argument that common law principles immunized it from
prosecution related to commercial, nongovernmental activities.
President Donald Trump's administration asked the Supreme
Court to turn away Halkbank's appeal of that 2nd Circuit
decision. The Justice Department told the Supreme Court on
August 6 that "common law" principles do not shield foreign
state-owned companies from criminal prosecution.