TURKEY: Celebrity lawyer takes on Turkish government, banks for Armenian assets

The Los Angeles-based Lawyer Mark Geragos is used to representing celebrities like Chris Brown and the late Michael Jackson, but he recently took on a very different kind of case, one with deep personal significance for him.

Last Thursday, Geragos and his team of litigators filed a lawsuit against Turkey and two major Turkish banks seeking restitution for Armenian properties and assets that were seized by Ottoman forces during the mass killings that took place almost a century ago and that many have labeled the first modern genocide.

Turkey denies the killings constitute genocide, and the United States’ federal government has not formally recognized them as such, although 44 states have done so individually. Earlier this year, the U.S. House of Representatives Foreign Affairs Committee approved a measure to officially recognize the killing of Armenians as genocide, but it has yet to make it to the floor for a vote.

Geragos spoke with Babylon and Beyond in a recent interview about the significance of the case and his personal connection to it:

B&B: You have been involved in some very high-profile criminal cases. How is this lawsuit different for you and the other lawyers involved? It is our understanding that they are all of Armenian descent.

Geragos: We have all had serious cases, but all of us had relatives that were victims… it’s extremely moving and infuses great passion in your work. It’s one of those where you find out what it really means to be a lawyer.

B&B: So after almost a century since these crimes were committed, what are the circumstances causing these charges to be filed now?

Geragos: What I can tell you is that the emergence of certain documents and facts are behind the filing of this lawsuit. Unfortunately, for strategic reasons I can’t tell you much more…. You should see some development in 180 days.

B&B: Can you comment on the estimates for the amount to be paid to the descendants of the victims?

Geragos: We haven’t even begun to fathom the amount to be compensated but the amount paid to the plaintiffs and those with deeds will clearly be in the billions.

B&B: Is there any legal precedent for a case like this? Are these cases similar to any from the Jewish Holocaust?

Geragos: Other than a lawsuit involving Hungary and stolen artwork this is the closest thing to that, but this is obviously more all-encompassing in scope given what was taken. The Holocaust cases for the most part were settled between countries. The Armenian cases have been exclusively litigated in the courtroom.

B&B: What is the significance of a case like this in terms of gaining more international recognition for crimes that were committed against Armenians?

Geragos: Really we are beyond recognition. Reagan called it “Genocide”...The “R” word is really restitution, not recognition. Restitution is now considered a right when you are a victim of a crime and this is really where we need to fight it. Restitution for Armenians is also an integral part of rebuilding now that Armenia has its independence.

B&B: What are your hopes for this case and what it will represent?

Geragos: One would hope that this could serve as a flashpoint for the Turkish people themselves to realize that history is moving forward and they should be trying to make restitution instead of putting their heads in the sand. They should embrace it and move past it instead of spending money on lobbying to deny a historical fact…. We have yet to see any major reactions to the filing of the suit in Turkey; however there has been tremendous support from the international community.

-- Patrick Gallagher in Beirut

Photo:  L.A.-based lawyer Mark Geragos is best known for representing Hollywood celebrities, but he recently took on the Turkish government over Armenian assets seized by the Ottoman government. Photo courtesy of Mark Geragos

Comments

[tim]

A recent study (see TallArmenianTale.com or Armenians-1915.blogspot.com revealed an article by Roger Alford from Opinio Juris weblog, stipulating that all “Armenian Genocide Claims are Dismissed” because Turkey paid $ 1.3 millions in 1934, in settlement of all claims by USA for her citizens.

p.954
ADJUSTMENT OF PAYMENTS DUE TO THE UNITED STATES BY TUR-KEY UNDER THE AGREEMENT OF DECEMBER 24. 1923. AND SUBSE-QUENT SUPPLEMENTAL AGREEMENTS19
467.ll/1116b

The Secretary of State to the Charge in Turkey {Washington)

No. 168 WASHINGTON, September 8, 1987.

SIR: The Department is transmitting under separate cover, for the use and information of the Embassy exclusively, three copies of the Opinions and Report prepared by Mr. Fred K. Nielsen in connection with the American-Turkish claims settlement under the Agreement of December 24, 1923,20 and supplemental agreements21 between the United States and Turkey. For convenience of reference there is quoted below the penultimate paragraph of Mr. Nielsen's "General Report", appearing on pages 3-41 of the above-mentioned volume:

"Toward the close of negotiations the Turkish Delegates proposed a settlement in the sum of $1,200,000. This was considered by the Department of State to be inadequate. The sum originally proposed by the Government of the United States, $5,000,000, is considerably more than the sum agreed upon in settlement of all claims, $1,300,000, and much more than the total of the principal sums ascertained by the determination of each of the cases on its merits, $539.844.13, and, further, much more than that sum and interest which total $899.338.09. However, it may be confidently stated, without any apprehension of error, that, after a scrupulously careful examination of each case, the total of principal amounts ascertained represents everything that could possibly be awarded as compensation in the light of evidence and by application of controlling rules and principles of substantive law. It may be added that, in accordance with customary procedure in the treatment of evidence in international claims, application has been given to a liberal practice, which inures to the benefit of claimants."

It will be observed that the total amount of the awards made to claimants, plus interest, is $899,338.09, whereas the Turkish Govern-ment, under the terms of the Agreement of October 25, 1934, agreed ...

p.957
467.11/1J24

The American Charge in Turkey (Washington) to the Turkish Acting Minister for Foreign Affairs (Menemencioglu) 23

No. 93 ISTANBUL, September 23, 1937.

SIR: Your Excellency will recall that under the provisions of the American-Turkish Agreement of October 25,1934, the Turkish Gov-ernment undertook to pay to the Government of the United States the sum of $1,300,000 in full settlement of the claims of American citizens which were embraced by the Agreement of December 24, 1923. The former Agreement further provided that payment was to be in thirteen annual installments of $100,000, the first installment to be made on June 1,1936.

A Commission which has had the claims of American citizens under consideration, after careful and impartial inquiry, has made awards which amount to $899,338.09. I take pleasure in informing Your Excellency that my Government will consider the obligation of the Turkish Government, under the Agreement of October 25,1934, fully discharged when the annual payments of $100,000 shall have reached the total amount of the awards, that is, $899,338.09. Inasmuch as the Turkish Government has already made payment of $200,000, my Government will expect to receive only the additional sum of $699,-338.09, to be paid in six equal installments of $100,000 on the agreed upon date in June of the years 1938, 1939, 1940, 1941, 1942 and 1943, and a final installment of $99,338.09, payable in June, 1944.

Accept [etc.] 8. WALTER WASHINGTON

[Hayaser]

I, a Canadian descendant of Armenian genocide survivors, fully support this initiative. It is time for the Armenian people to reclaim their financial and territorial rights lost during the genocide, it is now or never!