Supreme Court of the United States
Turkiye Halk Bankasi A.S. v. United States
April 19, 2023598 U.S. 264
Summary
Justice Kavanaugh, writing for seven Justices, held that 18 U.S.C. § 3231 grants federal district courts jurisdiction over the criminal prosecution of Halkbank and that the Foreign Sovereign Immunities Act does not confer immunity in criminal proceedings. The Court affirmed those portions of the Second Circuit's decision, using different grounds for the FSIA ruling, but vacated and remanded the common-law immunity question because the Second Circuit had not fully considered the parties' arguments. Justice Gorsuch, joined by Justice Alito, agreed that § 3231 supplies jurisdiction but disagreed with the FSIA analysis and remand. He would apply the FSIA to criminal proceedings and allow this prosecution to proceed under its commercial-activity exception.
Holding
- Federal criminal jurisdiction over an instrumentality of a foreign state.. Section 3231 grants the District Court subject matter jurisdiction over Halkbank's criminal prosecution.
- Application of the Foreign Sovereign Immunities Act to criminal proceedings.. The FSIA does not grant foreign states or their instrumentalities immunity from criminal proceedings.
- Further consideration of common-law immunity.. The common-law immunity portion of the judgment must be vacated and remanded for the Court of Appeals to consider the parties' arguments, without deciding whether Halkbank possesses such immunity.
Docket 21-1450
Cited authorities
- 28 U.S.C. § 1602
- 28 U.S.C. §§ 1330
- 28 U.S.C. § 1603(a)
- 11 U.S.C. §§ 101
- 11 U.S.C. § 106(a)
- 28 U.S.C. § 1350
- 28 U.S.C. § 1333
- 28 U.S.C. § 1335