Second Circuit Tosses Decisions in Case of Civil Forfeiture of Skyscraper Linked to Iran Interests
Now, the Alavi Foundation, a 60% owner of the Manhattan property, will have another chance to clear its name and potentially recover its property interest in the Iranian-linked building.
August 09, 2019 at 03:46 PM
5 minute read
The original version of this story was published on New York Law Journal
A Manhattan-based federal appeals court Friday reversed a series of district court rulings that paved the way for a 2017 jury verdict, which allowed the U.S. government to seize a nonprofit’s majority stake in a 36-story New York skyscraper.
A three-judge panel of the U.S. Court of Appeals for the Second Circuit found a former judge’s “troubling pattern of errors on relatively straightforward issues” had contributed to what prosecutors at the time called the “largest terrorism-related civil forfeiture in U.S. history.”
Now, the Alavi Foundation, a 60% owner of the Manhattan property, will have another chance to clear its name and potentially recover its property interests in the Iranian-linked building.
A federal jury in 2017 awarded the building to the federal government, which had argued that Alavi and the property’s other owner, Assa Corp., had used it as a front for the Iranian government to launder money in violation of U.S. sanctions laws. The verdict allowed victims of Iranian state-sponsored terrorism to enforce civil judgments in their favor.
However, the Second Circuit said Friday that former U.S. District Judge Katherine Forrest of the Southern District of New York had incorrectly denied Alavi discovery on a key defense and had failed to follow earlier instructions on how to treat evidence that was improperly obtained by investigators.
Those and other errors, the court said, were enough to vacate the verdict and remand the case for further proceedings.
“If this case returns to trial, a properly informed jury may or may not find for the government—a topic on which we have no opinion. But getting to any outcome requires a fair and procedurally adequate process, something that has been lacking in this case. There are no shortcuts in the rule of law,” Second Circuit Judge Richard C. Wesley wrote in a 58-page opinion.
John Gleeson and Daniel Ruzumna, who represented Alavi, on Friday welcomed the decision and said they were “obviously pleased” with the result.
“All we have ever wanted and asked for is a fair shake, something the Second Circuit has held once again has been lacking in this case,” they said in a joint statement. “The Alavi Foundation has been devoted to nothing else for more than 40 years but the charitable works it was formed to support, and it looks forward to resuming those works and to ultimate vindication in these cases.”
The U.S. Attorney’s Office for the Southern District of New York declined to comment on the ruling.
The ruling did not apply to Assa, which owns 40% of the building at 650 Fifth Ave. The Second Circuit in a separate opinion Friday upheld the ability of terrorism victims to satisfy their judgments against Iran through Assa.
Alavi has long painted Assa as a co-conspirator with the Iranian government, and argued that it did not know its partner was under the control of the Iranian government.
Forrest ruled against Alvi and ordered the property’s forfeiture in 2013, but the Second Circuit reversed the decision three years later, finding that enough questions remained to merit a new trial. In that ruling, the appeals court ordered Forrest to allow Alavi to litigate its claims that the government’s case was time-barred and to consider whether to suppress evidence from an improper search warrant that was executed in Alavi’s offices.
Forrest, however, blocked Alavi’s motion to compel discovery on its statute-of-limitations defense and to suppress evidence obtained in the illegal 2008 search. The judge did, meanwhile, grant the government’s request to keep two former Alavi board members from testifying at trial and allowed prosecutors to play five videotaped depositions of former board members repeatedly invoking their Fifth Amendment rights against self-incrimination.
On Friday, Wesley faulted Forrest’s “cursory findings” and “limited analysis” when considering Alavi’s motions and said the decision allowing prosecutors to spread a “parade of videotapes” over several days of trial was “substantially more prejudicial and redundant than probative.”
“The district court committed numerous errors requiring us to reverse or vacate several of these orders. These errors also require us to vacate the judgment,” he said.
Forrest retired from the bench last year and is now a partner in Cravath, Swaine & Moore’s litigation department. On remand, the case is assigned to U.S. District Judge Loretta A. Preska.
The case has been pending in the Southern District since the government began seeking forfeiture in 2008. The office tower, the largest single asset seized by the U.S. Justice Department in connection with Iranian sanctions violations, was constructed in the 1970s for the Pahlavi Foundation, a charitable organization formed by the shah of Iran with a New York branch that eventually became Alavi and was financed by a $42 million loan from Bank Melli.
Alavi’s defense team is led by Gleeson, a former Eastern District judge who is now a partner at Debevoise & Plimpton, and Ruzumna, a partner in Patterson Belknap Webb & Tyler’s litigation department and chair of the firm’s white-collar defense and investigations group.
Melissa Ginsberg and Michael N. Fresco of Patterson Belknap and Matthew E. Fishbein, Derek Wikstrom and Justin R. Horton also represented Alavi and the 650 Fifth Avenue Co.
Assistant U.S. Attorneys Michael D. Lockard, Daniel M. Tracer and Daniel B. Tehrani represented the U.S. Attorney’s Office for the Southern District of New York.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Radical Left Judges'?: Trump Demands GOP Unity Against Biden's Judicial Picks
4 minute read'There Is No Time to Waste': Matt Gaetz Withdraws From AG Nomination
3 minute readAmir Ali, MacArthur Justice Center Director, Confirmed to DC District Court
Trending Stories
- 1'It Refreshes Me': King & Spalding Privacy Leader Doubles as Equestrian Champ
- 2Class Action Filed Against Houston Health Savings Account Firm for Allegedly Confiscating Client Funds
- 3These 2 Lawyers Just Became Florida Judges
- 4'Disease-Causing Bacteria': Colgate and Tom’s of Maine Face Toothpaste Class Action
- 5Trump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250