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.

U.S. Brings Criminal Complaint and Imposes Sanctions against Russians for Election Interference

Thursday, September 17, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On September 10, 2020, the U.S. Attorney for the Eastern District Virginia brought a criminal complaint against a Russian national for his alleged role in a conspiracy to use the stolen identities of real U.S. persons to open fraudulent accounts at banking and cryptocurrency exchanges.[1]  Also on September 10, 2020, the U.S. Treasury Department imposed sanctions against Andriy Derkach, a member of the Ukrainian Parliament, saying he has been “an active Russian agent for over a decade” and accusing him of disseminating “edited audiotapes” and “unsubstantiated allegations against U.S. and international political figures.” The Treasury Department also imposed sanctions against three employees of the Internet Research Agency (IRA).  IRA is a troll farm in Russia that disseminated disinformation on social media as part of the Russian election interference campaign in 2016.



[1]    U.S. Department of Justice, Russian Project Lakhta Member Charged with Wire Fraud Conspiracy, Press Rel. 20-902, Sept. 10, 2020.

 

 

U.S. Justice Department Issues FCPA Opinion

Thursday, September 17, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On August 14, 2020, the United States Department of Justice issued its first opinion on the applicability of the Foreign Corrupt Practices Act (FCPA). The request emanated from an investment advisor’s managing private funds serving institutional investors (the Requestor”).[1] On November 5, 2019, Requestor initially submitted its request (the “Request”). On January15, 2020, February 10, 2020, June 18, 2020, and July 17, 2020, the Requestor furnished supplemental information. Pursuant to 28 C.F.R. § 80.4, Requestor, a U.S. “domestic concern,” requested an opinion inquiring  whether certain specified, prospective conduct conforms to DOJ’s present enforcement policy concerning the anti-bribery provisions of the FCPA.



[1]    U.S. Department of Justice, Opinion Procedure Release No. 20-01, Aug. 14, 2020 https://www.justice.gov/criminal-fraud/file/1304941/download

 

 

U.S. Charges N. Koreans & Malaysian with Sanctions Violations, Bank Fraud, and Money-Laundering

Thursday, September 17, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On September 11, 2020, the United States Department of Justice announced a criminal complaint charging North Korean nationals Ri Jong Chol and Ri Yu Gyong, and Malaysian national Gan Chee Lim.[1] The complaint charges them with conspiracy to violate North Korean Sanctions Regulations, bank fraud, and conspiracy to launder funds. The defendants allegedly formed and used front companies that sent U.S. dollar wires through the U.S. to buy commodities on behalf of North Korean customers.[2]



[1]    United States v. Ri Jong Chol, United States District Court for the District of Columbia, Criminal Complaint https://www.justice.gov/opa/press-release/file/1316001/download.

 

[2]    U.S. Department of Justice, Department of Justice Announces Charges of North Korean and Malaysia Nationals for Bank Fraud, Money Laundering and North Korea Sanctions Violations, Press Rel. 20-918, Sept. 11, 2020.

 

 

Security Council Fails to Adopt a Resolution on Foreign Terrorist Fighters

Thursday, September 17, 2020
Author: 
Michael Plachta and Kasia Guzior
Volume: 
36
Issue: 
9
Abstract: 

On August 31, 2020, the Security Council president (Indonesia) announced the result of the voting on a draft resolution regarding the prosecution, rehabilitation, and reintegration (PRR) of foreign terrorist fighters (FTFs), sponsored by Indonesia. Because of the COVID-19 pandemic, the Security Council voted by email. The result was 14 countries in favour and only the U.S. opposed.[1]



* Professor Plachta specializes in criminal law and international criminal law. He has authored numerous publication on a wide range of problems concerning law enforcement and international cooperation in criminal matters. He currently teaches criminal law and European criminal law at the University of Security in Poznan, Poland.

** Kasia Guzior is a 2L law student at Mitchell Hamline in St. Paul, Minnesota.

[1] Edith M. Lederer, U.S. vetoes United Nations anti-terrorism resolution, August 31, 2020, https://globalnews.ca/news/7308143/us-veto-un-anti-terrorism-resolution.

 

U.S. Magistrate Judge Approves Extradition of Taylors to Japan in Ghosn Escape

Thursday, September 10, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On September 4, 2020, U.S. Magistrate Judge Donald Cabell found probable cause and approved the extradition of Michael Taylor, a U.S. Army Special Forces veteran, and his son Peter Taylor, whose extradition Japan has requested for helping smuggle Nissan Motor Co. Chairman Carlos Ghosn out of Japan. Ghosn escapedwhile he was on pre-trial release on financial misconduct charges.[1]



[1]    Associated Press, Extradition of two in Ghosn case approved, Wash. Post, Sept. 5, 2020, at A3, col. 4.

 

 

Suriname Arrest Warrant Made for Missing Former Finance Minister on Corruption Charges

Thursday, September 10, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On August 12, 2020, Suriname police issued an arrest warrant for Gillmore Hoefdraad, the former Finance Minister. The warrant suspects him of 11 criminal offenses, including violations of the banking and anti-corruption laws, fraud, and embezzlement.[1]



[1]    Suriname issues arrest warrant for former Finance Minister on corruption charges, https://www.kaieteurnewsonline.com, Aug. 12, 2020.

 

 

Switzerland Freezes $900 Million from Former Head of Angolan Insurance Company

Wednesday, September 9, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On July 9, 2020, a Swiss criminal appellate court in the Canton of Geneva froze $900 million held in the accounts of Carlos Manuel de São Vicente, an Angolan businessman, as a result of a money laundering investigation.[1]



[1] Carlos Manuel de São Vicente v. Le Ministère Public, Swiss criminal appellate court in the Canton of Geneva, Judgment, P/23676/2018; ACPR/480/2020, July 9, 2020 https://www.icij.org/investigations/luanda-leaks/switzerland-freezes-ang...

 

Ireland Agrees to Return $6.5 Million of Looted Funds to the Nigerian Government

Thursday, September 3, 2020
Author: 
Miranda Bannister
Volume: 
36
Issue: 
9
Abstract: 

On August 14, 2020, Ireland agreed to return $6.5 million in funds stolen by former dictator Sani Abacha to the Nigerian government. Abacha served as the military head of state of Nigeria from 1993 till his death in office in 1998.[1]



[1] “Ireland to return 5.5 mln euros in Abacha loot to Nigeria – statement,” NATIONAL POST, Aug 14, 2020, https://nationalpost.com/pmn/news-pmn/crime-pmn/ireland-to-return-5-5-mln-euros-in-abacha-loot-to-nigeria-statement.

 

UN Secretary-General Released a Report on a Crime-Terror Nexus

Thursday, September 3, 2020
Author: 
Michael Plachta and Kasia Guzior
Volume: 
36
Issue: 
9
Abstract: 

On July 29, 2020, the UN Secretary-General submitted to the Security Council his report on action taken by Member States and United Nations entities to address the issue of connections between terrorism and organized crime.[1]



* Professor Plachta specializes in criminal law and international criminal law. He has authored numerous publication on a wide range of problems concerning law enforcement and international cooperation in criminal matters. He currently teaches criminal law and European criminal law at the University of Security in Poznan, Poland.

** Kasia Guzior is a 2L law student at Mitchell Hamline in St. Paul, Minnesota.

[1] Report of the Secretary-General, UN doc. S/2020/754.

 

U.S. Files Forfeiture Action against 280 Cryptocurrency Accounts Linked to N. Korean Hacks

Thursday, September 3, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On August 27, 2020, the U.S. Department of Justice (DOJ) filed a civil forfeiture complaint against cryptocurrency funds of North Korean actors with respect to two hacks of virtual currency exchanges. The North Koreans allegedly stole millions of dollars’ worth of cryptocurrency and laundered the funds through Chinese over-the-counter (OTC) cryptocurrency traders. The complaint supplements related criminal and civil actions DOJ announced in March 2020 concerning the theft of $250 million in cryptocurrency through other exchange hacks by North Korean actors.[1]



[1]    U.S. Department of Justice, United States Files Complaint to Forfeit 280 Cryptocurrency Accounts Tied to hacks of Two Exchanges by North Korean Actions, Press Rel. 20-836, Aug. 27, 2020.

 

 

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