UNITED STATES OF AMERICA v. TURKIYE HALK BANKASI A.S
The Second Circuit held that a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act is immediately appealable under the collateral order doctrine. The court further determined that even assuming FSIA immunity applies in criminal cases, the defendant bank's conduct fell within the commercial activity exception, thereby affirming the district court's denial of the motion to dismiss.