Kind of unrelated but in a lot of ways I feel like an OFAC designation is a bill of attainder that is only legal because it’s used exclusively against foreigners.
1. Designate a businessman as an SDN
2. Wait for them to conduct some transaction that uses dollars or involves any American company in some way (if you know about correspondent banking you know this will almost inevitably
happen)
3. Wait for them to travel to country friendly with America
4. Extradite for conspiring to violate IEEPA
This has happened before (see US v. Tajideen). It seems like there should be some kind of legal case against this which may happen now given all of the rich Russians that are having their stuff seized on this basis.
Edit: And the interesting thing is that the Treasury Department accused Tajideen of being a Hezbollah financier which they could have charged him with when he was extradited from Morocco but they didn’t which to me makes it seem like there wasn’t much of a basis for his designation to begin with.
1. Designate a businessman as an SDN
2. Wait for them to conduct some transaction that uses dollars or involves any American company in some way (if you know about correspondent banking you know this will almost inevitably happen)
3. Wait for them to travel to country friendly with America
4. Extradite for conspiring to violate IEEPA
This has happened before (see US v. Tajideen). It seems like there should be some kind of legal case against this which may happen now given all of the rich Russians that are having their stuff seized on this basis.
Edit: And the interesting thing is that the Treasury Department accused Tajideen of being a Hezbollah financier which they could have charged him with when he was extradited from Morocco but they didn’t which to me makes it seem like there wasn’t much of a basis for his designation to begin with.