The International Enforcement Law Reporter

The International Enforcement Law Reporter is a monthly print and online journal covering news and trends in international enforcement law.

Since September 1985, the International Enforcement Law Reporter has analyzed the premier developments in both the substantive and procedural aspects of international enforcement law. Read by practitioners, academics, and politicians, the IELR is a valuable guide to the difficult and dynamic field of international law.

Judges Orders Extradition of Ex-Nazi Camp Guard from Tennessee to Germany

Saturday, March 28, 2020
Author: 
Alexandra Haris
Volume: 
36
Issue: 
4
Abstract: 

On Wednesday, March 5, the Department of Justice (DOJ) announced that a U.S. immigration judge in Memphis ordered a Tennessee man’s extradition to Germany. The man, Friedrich Karl Berger, 94, is a German citizen and served as an armed guard at a concentration camp in Nazi Germany during World War II. According to the DOJ, Judge Rebecca L. Holt made the ruling after “a two-day trial ‘on the basis of his service in Nazi Germany in 1945 as an armed guard of concentration camp prisoners in the Neuengamme Concentration Camp system.[1]

Five Countries Agree on Steps to Counter Online Child Sexual Exploitation and Abuse

Saturday, March 28, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
4
Abstract: 

On March 5, 2020, Australia, Canada, New Zealand, the United Kingdom, and the United States announced the publication of Voluntary Principles to Counter Online Child Sexual Exploitation and Abuse (“Voluntary Principles”).  They announced 11 voluntary principles as online measures that companies in the technology industry can select to implement to protect the children who use their platforms from sexual abuse online and to make their platforms more difficult for child sex offenders to exploit.[1]

Swedbank Internal Investigation Shows Large Gaps in AML and Sanctions Compliance as Former CEO Loses Severance Pay

Saturday, March 28, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
4
Abstract: 

On March 23, 2020, Swedbank released the investigative report conducted by law firm Clifford Chance showing anti-money laundering (“AML”) and sanctions gaps during the period 2014-2019, mainly in Swedbank’s Baltic operations.[1]  The report[2] comes at a time when Swedbank faces a joint investigation conducted by the Swedish Financial Supervisory Authority and the Estonian Financial Supervisory Authority, an investigation by Sweden’s economic crimes body and the U.S. and New York investigative and law enforcement authorities.[3]

U.S. Court Approves Extradition to Bosnia and Herzegovina for Rape Charges During War

Saturday, March 28, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
4
Abstract: 

On March 23, 2020, U.S. Magistrate Judge Patricia Cohen in the U.S. District Court in St. Louis approved a request to extradite a man to Bosnia to face a war crime charge.[1] According to the extradition request, Adem Kostjerevac, the relator, was a military police officer with the 1st Muslim Brigade of the army of Bosnia and Herzegovina at the time.  On September 17, 1992, the victim, a pregnant Serbian, was arrested after Muslim forces surrounded her village.  She was held for two weeks in the basement of a mill in another small village.[2]

In Light of COVID-19, China Institutes a Ban Wild Animal Consumption that has Skeptics Criticizing Efficacy

Saturday, March 28, 2020
Author: 
Esther Bouquet
Volume: 
36
Issue: 
4
Abstract: 

On February 24, 2020, China announced a sweeping controversial national ban on wild animal consumption. However, critics of the “Comprehensively Prohibiting the Illegal Trade of Wild Animals, Eliminating the Bad Habits of Wild Animal Consumption, and Protecting the Health and Safety of the People Decision” point out that the ban still leaves room for wildlife trading. Most notable is the ban’s allowance for wildlife trading within the realms of biomedical research and commercial fur farms, which complicates law enforcement efforts.

English High Court Decides to Override Legal Professional Privilege

Saturday, March 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On March 3, 2020, the English High Court issued its decision on when the fraud or other iniquity exception overrides the legal professional privilege. The case concerns advice given by the defendant, Dentons Europe LLP, to its former client, Anabus Holdings Limited (“Anabus”).  The claimants in the case are 240 investors whom Anabus invited to invest in gold dust (“the scheme”).  Beginning in the spring of 2010, an agent and network of introducers promoted the scheme.  The scheme closed in October 2010.  Despite the promises of payment, a majority of investors claim the scheme was fraudulent and they lost collectively $6.5 million.[1]

Global Fragility Act Aims to Stabilize Conflict Zones and Prevent Wars

Saturday, March 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On December 19, 2019, the United States Congress adopted the historic bipartisan Global Fragility Act (GFA), as part of the 2020 Consolidated Appropriations Act.  The GFA established the first-ever U.S. government strategy to tackle alarming levels of global violence around the world. The violence is causing unimaginable suffering and instability, with almost 70 million people around the world trying to flee the violence.

M.Y. Safra Bank Settles with OCC on AML Cryptocurrency Violations

Saturday, March 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On January 30, 2020, the Office of the Comptroller of the Currency (OCC) and M.Y. Safra Bank, FSB, New York, entered into a consent order concerning alleged violations  of the Bank Secrecy Act/antimony laundering (BSA/AML) compliance program requirements, 12 U.S.C. § 1818(s), 12 C.F.R. § 21.21 and those related to the failure to monitor and investigate suspicious transactions and timely file suspicious activity reports (“SAR”), 12 C.F.R. § 163.180 and for noncompliance with the Operating Agreement.[1]

U.S. Charges 2 Chinese Nationals with Laundering Cryptocurrency from N. Korean Exchange Hack

Saturday, March 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On March 2, 2020, the United Department of Justice unsealed a two-count indictment in the District of Columbia, charging two Chinese nationals with laundering more than $100 million worth of cryptocurrency from a hack of a cryptocurrency exchange.[1] A civil forfeiture complaint also unsealed on March 3 alleges that North Korean actors stole the funds in 2018.[2]

Britain Detains Founder of Russian Bank on U.S. Expatriation Tax Charges

Thursday, March 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On March 5, 2020, the United States Department of Justice (DOJ) announced that a week earlier British authorities arrested Oleg Tinkov, the founder of a Russian bank, charging him with filing false tax returns.[1]   DOJ officials unsealed the September 26, 2019 indictment.[2]

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