Liechtenstein Gold Traders Fight OFAC in Precedent Case
The implications are significant for the financial hub of Liechtenstein. In February, Rheingold Edelmetall, the country’s most significant precious metals trader, was placed on the U.S. Treasury’s sanctions list of «Specially Designated Nationals» (SDN) due to alleged activities in Russia.
Since mid-April, Rheingold Edelmetall and its founder Axel Diegelmann, along with his sons Fritz and Bernd Günter – who were also sanctioned – have been fighting the designation through a lawsuit filed in the United States District Court for the District of Columbia in Washington, D.C. (finews.com previously reported).
Legal Battle With Precedent-Setting Potential
The case has also unnerved Liechtenstein’s banking sector, where the Diegelmann family and their companies are reportedly important clients for several institutions. However, due to the Office of Foreign Assets Control (OFAC) sanctions, their accounts have been frozen.
This lawsuit is seen as ground-breaking because, as far as is known, Rheingold Edelmetall and Diegelmann are the only European individuals currently challenging U.S. sanctions related to Russia through an extensive (and expensive) legal process.
Out-of-Court Settlement Failed
In their suit, the Diegelmanns accuse U.S. Treasury Secretary Janet Yellen, the Treasury Department, and OFAC of overreach, alleging that they were placed on the sanctions list without adequate evidence.
Their legal action, filed on April 16, initially led to a joint agreement with the government to delay its response, with the parties implying that they were hoping to reach an out-of-court settlement via a parallel reconsideration request. When these negotiations fell through, the legal battle resumed, with both parties filing two rounds of briefs.
Elements of a Secretive Justice Process
In the most recent development, the plaintiffs successfully petitioned the presiding judge, James E. Boasberg, to file another response (Sur-Reply ) to the government’s most recent submission from October 3. This additional response was submitted just yesterday.
OFAC, meanwhile, provided the judge with an unredacted version of its administrative record, while the plaintiffs only received a heavily redacted version. Moreover, the file has been withheld from the public throughout the proceedings.
finews.com has examined the case records.
On the next page, we delve into the fresh insights these documents provide, the critical questions facing the judge, and the case's connection to a landmark U.S. Supreme Court ruling.
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