OFAC Chief Counsel Visits the Law School

Photo Credit: Global Investigations Review

The National Security Law Forum welcomed Rachel Alpert, former Chief Counsel to the Office of Foreign Assets Control (“OFAC”), to the Law School on Thursday, September 25. Ms. Alpert served as the Chief Counsel from October 2023 through August 2025, and now co-chairs Jenner & Block’s National Security and Crisis Practice and Human Rights and Global Strategy Practice. National Security Law Forum President Olivia Woodard ’27 moderated the conversation with Ms. Alpert.

OFAC sits within the United States Department of the Treasury in the Office of Terrorism and Financial Intelligence.[1] The agency develops and enforces sanctions pursuant to foreign policy and national security objectives.[2] Ms. Alpert’s role spanned the gamut of sanctions administration, with one of her focuses having been integrating the Office of the Chief Counsel with the regulatory, licensing, and enforcement sides of the agency. There was “no typical day” for Ms. Alpert: she oversaw the drafting of executive orders, development of the evidentiary record used to justify sanctions enforcement, and civil defense of the agency, to name a few of her responsibilities.

Ms. Alpert pursued sanctions law early in her career. After completing a post-graduate fellowship in Syria, she entered private practice. Having recently lived in an embargoed country, she developed an interest in her firm’s sanctions practice. It allowed her to develop a technical skillset and area of expertise, eventually leading her to the State Department and ultimately, OFAC. When asked about her path to OFAC, Ms. Alpert stressed that there is no singular path, noting that her staff at OFAC had come from private practice, government, and policy work. What did stand out to her, though, was OFAC’s structure. She explained that the agency is largely comprised of career civil servants. Only the top levels tend to change with political administration.

Sanctions use and policy are evolving rapidly. Whereas sanctions at one time used to coincide with United Nations sanctions programs, that no longer appears to be the case. The International Emergency Economic Powers Act (“IEEPA”) allows implementation of sanctions upon declaration by the president of a national emergency.[3] Ms. Alpert shared that many an emergency has been declared. Perhaps most notably, the Trump administration deployed IEEPA against the ICC and as a justification for imposing tariffs. The Supreme Court recently agreed to hear two cases addressing whether Trump possessed the authority to impose certain tariffs based on IEEPA.[4] Ms. Alpert commented that scrutiny by the Supreme Court of the national emergency standard could lead to more frequent questioning of sanctions emergencies down the line.

Now that she is in private practice, Ms. Alpert helps clients stay abreast of the ever-changing sanctions landscape. Some of her clients are cryptocurrency companies, which can pose particularly complex legal questions. Ms. Alpert pointed to the Tornado Cash litigation as an exemplar of the legal novelties surrounding cryptocurrency sanctions. In that case, OFAC sanctioned virtual currency mixer Tornado Cash, citing allegations that the company had been used to launder over $7 billion in cryptocurrency.[5] A legal dispute ensued, centering on whether OFAC had the power to sanction Tornado Cash’s open-source, immutable code. The Fifth Circuit ruled that because this code was not property, OFAC exceeded its authority in sanctioning Tornado Cash.[6] OFAC subsequently lifted the sanctions.[7]

For those students interested in following in her footsteps, Ms. Alpert shared what she valued in hiring at OFAC: initiative, attention to detail, and collaborative spirit. While she noted that studying administrative law could be helpful, she emphasized that there was no single path to success in this field. Reflecting on her own choices, Ms. Alpert pointed out that instead of clerking, she pursued her fellowship in Syria after law school. For the open-minded self-starter, the doors to sanctions law remain open.

[1] https://home.treasury.gov/about/general-information/organizational-chart.

[2] https://ofac.treasury.gov/.

[3] https://www.congress.gov/crs-product/R45618.

[4] https://www.congress.gov/crs-product/LSB11332.

[5] https://home.treasury.gov/news/press-releases/jy0916

[6] https://www.venable.com/insights/publications/2025/04/a-legal-whirlwind-settles-treasury-lifts-sanctions

[7] https://home.treasury.gov/news/press-releases/sb0057