February 16, 2021
Court of Appeals Affirms that Helms-Burton Claim Must be Acquired Prior to March 12, 1996
What Happened: A federal appellate court affirmed the dismissal of a plaintiff’s Helms-Burton claim because he acquired ownership of the property at issue after March 12, 1996, in contravention of the statute.
The Bottom Line: The plaintiff in this case cannot recover under the Helms-Burton Act because he failed to allege that he acquired ownership of a claim to confiscated property by March 12, 1996. This opinion benefits entities with potential risk under Helms-Burton as a result of their business interests related to Cuba, limiting those who could potentially claim under Helms-Burton.
The Full Story: In Gonzalez v. Amazon.com, Inc., et al., the plaintiff sued Amazon.com, Inc. and Susshi International Inc. d/b/a FOGO Charcoal under Title III of the Helms-Burton Act. The Act provides to US nationals with claims to property confiscated by Cuba’s Castro regime a cause of action against those who traffic in such property. The plaintiff, Daniel Gonzalez, alleged that he is the rightful owner of real property located in the province of Oriente, Cuba. The defendants, Amazon.com and FOGO Charcoal, allegedly conducted and promoted the sale of marabu charcoal produced on the subject property without Gonzalez’s authorization.
