In an opinion Friday, Judge Cronan quashed subpoenas issued by the country of Türkiye to various U.S. banks for information relating to Cevdet Turkyolu, a U.S. resident and member of the faith-based Gülen movement that has fallen into disfavor with the Turkish government. The subpoenas were issued under 28 U.S.C. § 1782, which authorizes U.S. courts to issue discovery in aid of foreign proceedings.

Türkiye claimed the information was relevant to criminal cases in Türkiye against Turkyolu, but Judge Cronin found insufficient evidence that the criminal cases would actually go forward or that the requested evidence could be used. In addition, as a matter of discretion, Judge Cronan found that the suspicious circumstances of the subpoenas “weigh[ed] heavily” against enforcement of the subpoenas. In essence, there was reason to think the subpoenas were issued as political retaliation:

[T]he Court agrees with Turkyolu that the categories of documents covered by the Subpoenas are extremely broad and . . . are suggestive of a fishing expedition and, perhaps, a purpose beyond simply investigating potential money laundering in Türkiye. For instance, the Subpoenas seek “[a]ll documents relating to financial transactions made in U.S. dollars to, from, and through accounts held by [Turkyolu and the other Turkish defendants]” from December 18, 2002, to the present. . . . Yet the 2017 Indictment only alleges criminal conduct taking place during a few months in early 2014.

The breadth of Türkiye’s Application, the unclear status of the 2017 insider-trading prosecution, and the vague descriptions of the money-laundering investigation are particularly troubling in light of the political context of this case. Türkiye does not dispute that Turkyolu is a longtime member of the Gülen movement. Nor has it presented any factual challenge to Turkyolu’s allegations concerning the Turkish government’s efforts to retaliate, for political reasons, against members of the Gülen movement—which the Turkish government has branded the Fetullah Terrorist Organization, or “FETÖ” for short. . . . .

In sum, the mismatch between the breadth of the discovery sought by Türkiye and the vagueness of the materials presented in support of the Application, considered in light of the attendant political circumstances, creates an unacceptable risk that the discovery in this matter is being sought for improper reasons.

Disclosure: Steptoe represents Cevdet Turkyolu in this matter.