OFAC Litigation Lawyers
If you have already been served an administrative subpoena from the Office of Foreign Assets Control (OFAC) or subject to an investigation or enforcement action by OFAC, you may be in need of experienced Washington DC OFAC sanctions and federal litigation attorney who can handle your case and correspond with the Agency on your behalf.
There are several instances where an OFAC sanction matter may need to go to federal court. OFAC staff may delay the processing of your request and you may decide to sue OFAC in federal court. An unfavorable OFAC determination on a specific license application may require that you file an appeal in federal court to argue your case before a judge. Or you may have been slapped with a hefty OFAC enforcement action that imposes heavy fines for violations of U.S. sanctions regulations and seeks to reduce or remove that penalty.
Requests for Reconsideration & Appeals
While it is possible to appeal an OFAC decision, it may not be wise to do so. An appeal in federal court will very likely fail since U.S. courts defer to determinations made by federal agencies like OFAC.
OFAC does not provide a formal process of appealing but will reconsider a decision for good cause. OFAC gives instances of “good cause” as an applicant including new information not yet disclosed to OFAC or demonstrating a change in circumstance since the last submission.
A decision by OFAC is considered a final agency action and therefore you may request for judicial review in a federal court. Under the Administration Procedure Act (“APA”), you will have to prove that OFAC acted in an “arbitrary and capricious” manner. Additionally, the court usually defers to OFAC in its decision making. Because of this, filing suit under the APA for judicial review is an uphill battle.
However, OFAC does not allow that you request a reconsideration of their initial determination and appeal the decision in federal court at the same time. It is important that you carefully consider your options with the assistance from a Washington DC OFAC Litigation Attorney.
Case Study: Epsilon v. OFAC
Epsilon Electronics, a U.S. company, sued OFAC in federal court for allegedly imposing an unlawful and excessive penalty of $4 million and sought a reduction or removal of the amount. The result of this case was favorable as Epsilon settled with OFAC and agreed to pay $1.5 million in penalties for the alleged violations.
There may very well be cases in which suing OFAC may be necessary as part of your case’s strategy. Consult with the OFAC Sanctions Lawyers at the Zarkesh Law Firm, P.C. on how to proceed with your OFAC sanctions matter.
OFAC Litigation for Blocked Entities
Being placed on the Specially Designated National (SDN) List will not only be a burdensome experience, but it can cause reputational damage. Here, filing a lawsuit against OFAC may be necessary as part of a general strategy in dealing with OFAC. For instance, classified records are compiled and utilized to determine whether an individual or entity should be on the SDN List. As a result, SDN’s are often unaware of the United States government’s justifications for their blocking. In such instances you may be advised to request unclassified documents or, in the alternative, a summary of classified record from OFAC so that you may learn critical information prior to engaging in any correspondence with OFAC.
Call Our International OFAC Litigation Lawyers for a Free Case Evaluation
The US OFAC Litigation Lawyers work hard in representing domestic and international clients, both in petitioning OFAC through administrative litigation and in the U.S. federal court system. The OFAC Sanctions Lawyers at Zarkesh Law Firm, P.C. combine their specialization in OFAC Sanctions Law with seasoned federal trial attorneys to provide you the best possible legal counsel on your OFAC sanctions matters.