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Tuesday, November 5, 2024

Exxon claims $2 million penalty issued by feds is unlawful

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DALLAS (Legal Newsline) – Exxon Mobil is challenging a $2 million penalty imposed on it by the federal government.

Exxon Mobil Corp., ExxonMobil Development Co. and ExxonMobil Oil Corp. filed a complaint on July 20 in the Dallas Division of the Northern District of Texas against Steven Mnuchin, in his official capacity as the Secretary of the United States Department of the Treasury; John E. Smith, in his official capacity as the Director of the United States Department of the Treasury's office of Foreign Assets Control; and the United States Department of the Treasury's Office of Foreign Assets Control citing the Administrative Procedure Act.

According to the complaint, the plaintiffs are challenging the finding of a violation and penalty assessment issued July 20 by the United States Department of the Treasury's Office of Foreign Assets Control. The office alleged that the plaintiffs violated sanctions imposed by the Treasury Department in April 2014.

The plaintiffs allege that the finding of the purported violation and penalty are unlawful because the post-hoc interpretation is arbitrary, capricious and an abuse of discretion.

The plaintiffs seek declare that the OFAC's findings to be unlawful, declare that the imposed penalty of $2 million to be unlawful, declare that the plaintiff did not violate the Ukraine-Related Sanctions Regulations  and any other relief as the court deems just. They are represented by Shannon Ratliff of Davis, Gerald & Cremer in Austin, Texas.

U.S. District Court for the Northern District of Texas case number 3:17-cv-01930-B

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