DC Circuit dismisses Fares due process appeals

District of Columbia Court of Appeals.jpgThe US Court of Appeals for the DC Circuit has dismissed the appeals of Abdul Mohamed Waked Fares, Mohamed Abdo Waked Darwich (Mr Fares’ son), and Grupo Wisa SA (Mr Fares’ company), all of whom claimed that their designations in May 2016 as Specially Designated Narcotics Traffickers (under the US Kingpin Act) had violated their due process rights because OFAC had not disclosed all the underlying evidence against them.

The appeal court upheld the lower court judgment that OFAC had satisfied due process requirements by serving the appellants with two unclassified summaries (rather than disclosing evidence containing evidence that OFAC said would compromise ongoing criminal investigations). The court said the appellants’ submission that OFAC had to choose between disclosing all the evidence and delisting them presented “no tenable claim” and ran “counter to precedent”. See judgment here.

This entry was posted in USA by Maya Lester QC. Bookmark the permalink.

About Maya Lester QC

Maya Lester QC has a wide ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. As the most recent (2016) Chambers & Partners directory put it, she "owns the world of sanctions". She spent 2011-12 in New York at Columbia Law School lecturing and writing on sanctions. She represents and advises hundreds of companies and individuals before the European and English courts and has acted in most of the leading cases, including Kadi, Tay Za, Central Bank of Iran, NITC and IRISL.

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