United States v. All Petroleum-Product Cargo Onboard the M/T Arina
── United States v. All Petroleum-Product Cargo Onboard the M/T Arina ──
Court: Court of Appeals for the D.C. Circuit
Date: April 21, 2026
Category: General
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 14, 2025 Decided April 21, 2026
No. 24-5218
UNITED STATES OF AMERICA,
APPELLEE
v.
ALL PETROLEUM-PRODUCT CARGO ONBOARD THE M/T ARINA
WITH INTERNATIONAL MARITIME ORGANIZATION NUMBER
9189952 AND ALL PETROLEUM-PRODUCT CARGO ONBOARD
THE M/T NOSTOS WITH INTERNATIONAL MARITIME
ORGANIZATION NUMBER 9258014,
APPELLEES
ASPAN PETROKIMYA CO.,
APPELLANT
Appeal from the United States District Court
for the District of Columbia
(No. 1:21-cv-03234)
Michael J. Satin argued the cause for appellant. With him
on the briefs was Timothy P. O’Toole.
Katherine Twomey Allen, Attorney, U.S. Department of
Justice, argued the cause for appellee. With her on the brief
were Jeanine Ferris Pirro, U.S. Attorney, and Brian P. Hudak,
Assistant U.S. Attorney.
2
Before: HENDERSON, KATSAS and GARCIA, Circuit
Judges.
Opinion for the Court filed by Circuit Judge GARCIA.
GARCIA, Circuit Judge: In the fall of 2021, the United
States seized over 700,000 barrels of crude oil from two tankers
in the Mediterranean Sea. According to the government, that
oil is subject to civil forfeiture because it belonged to the
National Iranian Oil Company, an entity that has materially
supported the Iranian military’s terrorist activities. A private
commodities trading company claimed ownership of the oil
and moved to dismiss the forfeiture action on the grounds that
the United States did not adequately plead several elements of
its forfeiture claim. The district court denied that motion.
We affirm.
I
Congress has designated certain property “subject to
forfeiture to the United States.” 18 U.S.C. § 981(a)(1). That
category includes “[a]ll assets” of any entity “engaged in
planning or perpetrating any [] Federal crime of terrorism . . .
against the United States.” Id. § 981(a)(1)(G)(i). A “Federal
crime of terrorism,” in turn, is any of several enumerated
offenses, so long as it is “calculated to influence or affect the
conduct of government by intimidation or coercion, or to
retaliate against government conduct.” Id. § 2332b(g)(5).
Those enumerated offenses include “knowingly provid[ing]
material support or resources to a foreign terrorist
organization.” Id. § 2339B(a)(1). The material-support
statute provides extraterritorial jurisdiction over that offense if
it “occurs in or affects interstate or foreign commerce.” Id.
§ 2339B(d)(1)(E).
The government’s Amended Complaint alleges the
following facts. The National Iranian Oil Company (NIOC)
3
is a state-owned enterprise responsible for producing and
exporting Iranian oil and petroleum. NIOC generates billions
of dollars of annual revenue and provides between one-third
and two-thirds of the Iranian government’s total revenue.
Among the beneficiaries of that funding are the Islamic
Revolutionary Guard Corps and its Qods Force (collectively,
the IRGC), branches of the Iranian military responsible for
terrorist activities worldwide, including attacks on U.S.
officials, servicemembers, and civilians. See Am. Compl.
¶ 20 (describing the IRGC’s role in bombings that have killed
and injured U.S. civilians and military personnel). The United
States designated the IRGC a Foreign Terrorist Organization in
2019. NIOC cooperates and coordinates directly with the
IRGC, including by acting as its “agent or affiliate” and selling
oil on its behalf. Id. ¶¶ 25–26, 41. More generally, “Iran’s
petrochemical and petroleum sectors are primary sources of
funding for the Iranian regime’s global terrorist activities.”
Id. ¶ 13.
In October 2020, the Stark I—a ship owned by the
National Iranian Tanker
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}