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10 - PEOPLE/(A-G)/Richard M. Berman.md
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@ -43,9 +43,9 @@ relations:
with: "[[United States v. Halkbank]]"
role: "presiding judge"
start: 2019
fn: 9
fn: 10
created: 2026-09-25
updated: 2026-09-25
updated: 2026-10-15
---
Richard M. Berman (born 1943, in [[New York City]]) is a senior judge of the [[U.S. District Court for the Southern District of New York]], appointed by [[Bill Clinton]] in 1998. He presided over [[United States v. Epstein]], the 2019 sex-trafficking indictment of [[Jeffrey Epstein]], ordering Epstein detained on July 18, 2019 and, after Epstein's death in federal custody, holding a public hearing on August 27, 2019 at which victims spoke before he dismissed the indictment. In 2025 he first refused and then, after the [[Epstein Files Transparency Act]], granted the government's motions to unseal the case's grand jury record. He also presided over the Iran-sanctions prosecution of the Turkish state-owned bank [[Halkbank]]. He is not related to [[Geoffrey Berman]], the U.S. Attorney whose office brought the Epstein case.[^1][^2][^3]
@ -76,7 +76,7 @@ After the Epstein Files Transparency Act became law, the government renewed its
### Halkbank
In 2019 the [[United States]] indicted Türkiye Halk Bankası, a bank majority-owned through the Turkish Wealth Fund by the Republic of [[Turkey]], for a multi-year conspiracy to evade sanctions on [[Iran]]; the indictment alleged that the bank, "with the assistance of high-ranking Turkish government officials, laundered billions of dollars of Iranian oil and gas proceeds through the global financial system." The prosecution proceeded before Berman in the case captioned United States v. Zarrab. On October 1, 2020 he denied Halkbank's motion to dismiss, reasoning that the [[Foreign Sovereign Immunities Act]] "does not appear to grant immunity in criminal proceedings." The Second Circuit affirmed on October 22, 2021 (16 F.4th 336), and on April 19, 2023 the [[Supreme Court of the United States|Supreme Court]] held that the Act does not apply to criminal cases but remanded on common-law immunity, Justice [[Neil Gorsuch]] writing in partial dissent that the decision "overcomplicates the law for no good reason." The Second Circuit ruled again on October 22, 2024 (120 F.4th 41).[^9]
In 2019 the [[United States]] indicted Türkiye Halk Bankası, a bank majority-owned through the Turkish Wealth Fund by the Republic of [[Turkey]], for a multi-year conspiracy to evade sanctions on [[Iran]]; the indictment alleged that the bank, "with the assistance of high-ranking Turkish government officials, laundered billions of dollars of Iranian oil and gas proceeds through the global financial system." The prosecution proceeded before Berman in the case captioned United States v. Zarrab. On October 1, 2020 he denied Halkbank's motion to dismiss, reasoning that the [[Foreign Sovereign Immunities Act]] "does not appear to grant immunity in criminal proceedings." The Second Circuit affirmed on October 22, 2021 (16 F.4th 336), and on April 19, 2023 the [[Supreme Court of the United States|Supreme Court]], in an opinion by Justice [[Brett Kavanaugh]], held that the Act does not apply to criminal cases and remanded the common-law immunity question; Justice [[Neil Gorsuch]], joined by Justice [[Samuel Alito]], concurred in part and dissented in part, writing that the decision "overcomplicates the law for no good reason."[^9] The Second Circuit ruled again on October 22, 2024 (120 F.4th 41).[^10]
### Footnotes
@ -88,4 +88,5 @@ In 2019 the [[United States]] indicted Türkiye Halk Bankası, a bank majority-o
[^6]: U.S. Department of Justice, Epstein Library, EFTA02733081, Court Records (CA Florida Holdings, LLC, Publisher of the Palm Beach Post v. Aronberg, No. 50-2019-CA-014681-XXXX-MB (Fla. 15th Cir. Ct. 2019)), appendix item 11, transcript of hearing, United States v. Jeffrey Epstein, 19 Cr. 490 (RMB) (S.D.N.Y. Aug. 27, 2019), beginning at EFTA02733613. https://www.justice.gov/epstein/files/Court%20Records/CA%20Florida%20Holdings%2C%20LLC%2C%20Publisher%20of%20the%20Palm%20Beach%20Post%20v.%20Aronberg%2C%20No.%2050-2019-CA-014681-XXXX-MB%20(Fla.%2015th%20Cir.%20Ct.%202019)/EFTA02733081.pdf
[^7]: U.S. Department of Justice, Epstein Library, EFTA02810827, Court Records (Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A., No. 1:22-cv-10904), Expert Report of Jorge Amador, June 16, 2023, Document 238-31, n. 53. https://www.justice.gov/epstein/files/Court%20Records/Government%20of%20the%20United%20States%20Virgin%20Islands%20v.%20JPMorgan%20Chase%20Bank%2C%20N.A.%2C%20No.%20122-cv-10904%20(S.D.N.Y.%202022)/EFTA02810827.pdf
[^8]: U.S. Department of Justice, Epstein Library, EFTA00030338, DataSet 8, internal U.S. Attorney's Office email chain, "RE: The Prince and the Proffer | New York Law Journal," May 6, 2020. https://www.justice.gov/epstein/files/DataSet%208/EFTA00030338.pdf ; duplicate at EFTA00018735. https://www.justice.gov/epstein/files/DataSet%208/EFTA00018735.pdf
[^9]: Turkiye Halk Bankasi A.S. v. United States, No. 21-1450, 598 U.S. 264 (April 19, 2023), slip op. at 1-3, and Gorsuch, J., concurring in part and dissenting in part. https://www.supremecourt.gov/opinions/22pdf/21-1450_5468.pdf ; United States v. Turkiye Halk Bankasi A.S., No. 20-3499, 16 F.4th 336 (2d Cir. Oct. 22, 2021), on appeal from the Decision and Order of Oct. 1, 2020 (Berman, J.). https://www.courtlistener.com/opinion/5291813/united-states-v-bankasi/ ; United States v. Zarrab (Turkiye Halk Bankasi), No. 20-3499, 120 F.4th 41 (2d Cir. Oct. 22, 2024). https://www.courtlistener.com/opinion/10152619/united-states-v-zarrab-turkiye-halk-bankasi/
[^9]: Supreme Court of the United States, docket No. 21-1450, *Turkiye Halk Bankasi A.S. v. United States*, argued January 17, 2023; decided April 19, 2023 (Kavanaugh, J., for the Court; Gorsuch, J., concurring in part and dissenting in part, joined by Alito, J.). https://www.supremecourt.gov/docket/docketfiles/html/public/21-1450.html
[^10]: Turkiye Halk Bankasi A.S. v. United States, No. 21-1450, 598 U.S. 264 (April 19, 2023), slip op. at 1-3, and Gorsuch, J., concurring in part and dissenting in part. https://www.supremecourt.gov/opinions/22pdf/21-1450_5468.pdf ; United States v. Turkiye Halk Bankasi A.S., No. 20-3499, 16 F.4th 336 (2d Cir. Oct. 22, 2021), on appeal from the Decision and Order of Oct. 1, 2020 (Berman, J.). https://www.courtlistener.com/opinion/5291813/united-states-v-bankasi/ ; United States v. Zarrab (Turkiye Halk Bankasi), No. 20-3499, 120 F.4th 41 (2d Cir. Oct. 22, 2024). https://www.courtlistener.com/opinion/10152619/united-states-v-zarrab-turkiye-halk-bankasi/