The Second Circuit appeared skeptical this morning about an emergency petition filed by Turkey's state-run Halkbank:
"There is no history in this Circuit of special appearances to challenge personal jurisdiction," Judge Richard Sullivan said.
Background: courthousenews.com/judge-slams-tu…
"There is no history in this Circuit of special appearances to challenge personal jurisdiction," Judge Richard Sullivan said.
Background: courthousenews.com/judge-slams-tu…
The writ of mandamus filed by Halkbank was an arcane maneuver, but in short:
Halkbank's attorneys have fought (and failed) to challenge their prosecution for a record-breaking money laundering scheme without consenting to arraignment.
Halkbank's attorneys have fought (and failed) to challenge their prosecution for a record-breaking money laundering scheme without consenting to arraignment.
After that effort failed in district court, Halkbank attorney's filed an emergency petition. The three-judge panel hearing that today reserved decision, but they peppered the bank's counsel with tough questions.
The article at the top of the thread is the Dec. ruling that's now under appeal.
Judge Joseph Bianco seemed to doubt Halkbank's argument that foreign companies are entitled to special appearances: "Why should the rule be any different for a corporation than for an individual?"
Judge Joseph Bianco seemed to doubt Halkbank's argument that foreign companies are entitled to special appearances: "Why should the rule be any different for a corporation than for an individual?"
Labeled a "fugitive" by prosecutors for not showing in court, Halkbank argued in a brief: “Corporations cannot be ‘fugitives.’”
That argument fell flat in the district court. Their request on appeal for special criminal procedures for foreign companies met with doubt.
That argument fell flat in the district court. Their request on appeal for special criminal procedures for foreign companies met with doubt.
