I got a hold of Mr. Kane today who is the person responsible for processing the petition at OFAC. He was very nice and apologetic on the phone. He said he wants to get this matter resolved as quickly as possible but that other sections in OFAC are also investigating the matter. He said OFAC is handling our matter as well as all the other matters that are similar to ours in a batch together and that none of them have been resolved yet. He said they expect the first series of decisions to go out very soon, probably this week, but do not expect a decision for our petition that soon because other car dealers submitted their petitions in April and those are being processed first. He told me that he expects to have an answer before the end of this month. If we do not, we should contact him again. He assured me that they will not allow the car parks to seize the cars. That really means nothing because by law they cannot seize them. I asked him if there is anything else we can provide. He responded that the petition is complete and that there is nothing that they need except that it is taking a long time to process because ALL Ellissa cases are being handled together and there are a lot of auto dealers, including many that filed a petition in April, before we did. My analysis on the way ahead is as follows: 1. We can continue to wait. I believe we will receive the relief that we are looking for. The facts are fairly simple and there is no real reason for them to deny my request. That doesn’t mean that they will not do it. It means that they should not deny it. It looks like we may have another month to wait. Of course he was wrong before. Or 2. We can abandon the administrative route which we are using right now and file an action in court to recover the vehicles. The down side for filing in court is that it will take at least 90-180 days, probably longer, to get a resolution. Going to court will require each dealer to become a plaintiff and to challenge the seizure. I can handle all of it but it will cost a lot more money, Probably 5-15k per dealer depending on the number of cars. If we prevail in court we will be able to demand to be compensated for all the losses, including storage fees, cost of the lost opportunity, attorney’s fees and possibly other damages. I feel very good that we can win in court. While it may take longer, we will be able to sue to recover the damages from the improper seizure. Once this decision is taken we will not be able to go back on it. Every car dealer has an option. If some want to go to court while others wait, I can do that. But I must hear from each dealer individually. Very truly yours, Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO The Law Firm of Puckett & Faraj, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DETROIT METRO The Law Firm of Puckett & Faraj, PC 835 Mason Street Suite 150-A Dearborn, MI 48124 313-457-1390 Phone 202-280-1039 Fax The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. |