A sovereign nation may not be held liable for failing to prevent an investment scam allegedly carried out by private persons within its borders. In Community Finance Group, Inc. and Andrew Vilenchik v. Republic of Kenya, et al., the Eighth Circuit of Appeals affirmed the dismissal of such claims against the Republic of Kenya. The Foreign Sovereign Immunities Act (FSIA) protects sovereign nations from being forced to litigate in the United States courts unless a specific FSIA exception to sovereign immunity applies. The Eighth Circuit agreed with the oral argument presented by Cliff Greene that none of the statutory exceptions to immunity applied. Community Finance Group, Inc. and Andrew Vilenchik v. Republic of Kenya, et al., No. 11-1816, 2011 U.S. App. LEXIS 24846 (8th Cir. Dec. 15, 2011).
(Greene Espel and Foley Hoag, Washington, D.C. represented Kenya.)