Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “in rem

Introductory Note to U.S. v. Assa Co.

Posted on December 9, 2019

The American Society of International Law was kind enough to ask me to write an introductory note about United States v. Assa Co., a case I covered here in August and that Bill Dodge and Ingrid Wuerth criticized in a paper that I covered later that month and that I cite in the note. I’m reprinting the introductory note, which has been accepted for publication in ASIL’s International Legal Materials for 2020. One technical note: because ASIL owns the copyright, this post is “all rights reserved,” and my ordinary Creative Commons license does not apply. Introduction On August 9, 2019, the U.S. Court of Appeals for the Second Circuit decided United States v. Assa Co. The decision is significant for its holding that a…

+Read more

Case of the Day: United States v. Assa Co.

Posted on August 12, 2019

The case of the day is United States v. Assa Co. Ltd. (2d Cir. 2019). This is one of several Iran-related FSIA decisions the Second Circuit issued last week. In Assa, the facts were these: Assa Corp. was a New York corporation formed in 1989. Its parent company is Assa Co., Ltd., a Jersey company. The Jersey parent was, in turn, owned by Harter Holdings Ltd., which Bank Melli, an Iranian state-owned bank, purchased in 1993. In 1995, the bank transferred Harter to Davood Shakeri and Fatemeh Aghamiri, but there was a dispute whether the bank continued to control Harter, and thus Assa, after the imposition of sanctions against Iran in 1995. In 2008, the government brought a civil forfeiture action, seeking forfeiture of…

+Read more