Lillemoe v. U.S. Dep't of Agric.
Court of Appeals for the D.C. Circuit
1Opinion of the Court
B. FAS's Knowledge of and Response to Rented Trade Flow Transactions
FAS discovered the widespread use of rented trade flows under the program early on. Cargill Incorporated, a program participant, disclosed the structure and use of rented trade flows to FAS as early as 2002, and FAS neither objected nor gave any indication that rented trade flows were not allowed. Id. ¶ 25. Thereafter, FAS vetted and approved thousands of rented trade flow transactions over the course of thirteen years. Id.
During that time, GTR repeatedly disclosed its own use of synthetic LCs and rented trade flows to FAS.…
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