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United States Seventh Circuit


Clancy v. Office of Foreign Assets Control of the US Dept. of the Treasury, 07-2254

In an action involving economic sanctions stemming from unauthorized travel to Iraq, summary judgment for defendant is affirmed where: 1) the imposition of fines by the Office of Foreign Assets Control did not deprive plaintiff of due process as he was given the opportunity to contest OFAC's allegations and is unable to explain how additional procedures would have guarded against any risk of erroneous deprivation; 2) regulations prohibiting unauthorized travel to Iraq do not violate plaintiff's Fifth or First Amendment rights in light the President's power to impose economic sanctions and international travel restrictions during national emergencies; and 3) the regulations are not ultra vires as they were promulgated under the United Nations Participation Act and the Iraq Sanctions Act.

Appellate Information

  • Argued 02/11/2008
  • Decided 03/11/2009
  • Published 03/11/2009

Judges

  • WILLIAMS, Circuit Judge., Before BAUER, KANNE, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • James A. Friedman (argued), Godfrey & Kahn, Madison, WI, for Plaintiff-Appellant.

  • For Appellees:
  • Douglas Letter (argued), Department of Justice Civil Division, Appellate Section, Washington, DC, for Defendants-Appellees.
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