Page:Bank Markazi v. Peterson SCOTUS slip opinion.pdf/11

BANK MARKAZI v. PETERSON Opinion of the Court assets held in a New York bank account—assets that, respondents alleged, were owned by Bank Markazi. See App. to Pet. for Cert. 52a–54a, 60a, and n. 1; Second Amended Complaint in No. 10–CIV–4518 (SDNY), p. 6. This turnover proceeding began in 2008 when the terrorism judgment holders in Peterson, 264 F. Supp. 2d 46, filed writs of execution and the District Court restrained the bonds. App. to Pet. for Cert. 14a–15a, 62a. Other groups of terrorism judgment holders—some of which had filed their own writs of execution against the bonds—were joined in No. 10–CIV–4518, the Peterson enforcement proceeding, through a variety of procedural mechanisms. It is this consolidated judgment-enforcement proceeding and assets restrained in that proceeding that §8772 addresses.

Although the enforcement proceeding was initiated prior to the issuance of Executive Order No. 13599 and the enactment of §8772, the judgment holders updated their motions in 2012 to include execution claims under §8772. Plaintiffs’ Supplemental Memorandum of Law in Support of Their Motion for Partial Summary Judgment in No. 10–CIV–4518 (SDNY). Making the findings necessary un-