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. Indictment Against Indian Billionaire for $250 Million Bribe

Wednesday, November 27, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
12
Abstract: 

On November 20, 2024, the U.S. District Court in Brook unsealed a five-count criminal indictment [1] charging Gautam S. Adani, Sagar R. Adani, and Vneet S. Jaain, executives of an Indian renewable-energy company (the Indian Energy Company), with conspiracies to commit securities and wire fraud and substantive securities fraud for participating in a multi-billion-dollar scheme to raise

 

 

U.S. v. Farhane: Citizens Must Be Notified When Citizenship is at Risk

Wednesday, November 27, 2024
Author: 
Austin Wahl
Volume: 
40
Issue: 
12
Abstract: 

                A Second Circuit en banc panel recently decided that naturalized citizens must be notified if their guilty plea could put their citizenship at risk.  In doing so, the court ruled in favor of Abdulrahman Farhane, a 70-year-old man from Morocco who immigrated to the US after winning a visa lottery. Charged with conspiracy to launder money and lying to federal agents in 2006, Farhane pleaded guilty after his counsel advised him that it was his best option.  However, his counsel did not disclose that, by pleading guilty, Farhane gave the government the power to revoke his citizenship. “Today we hold that the Sixth Amendment entitles a naturalized U.S. citizen facing the risk of deportation following denaturalization to no less protection than a noncitizen facing the risk of deportation,” wrote Judge Susan L. Carney.[1]


 

 

ICC Issues Arrest Warrants for Israel and Hamas Leaders for International Crimes

Wednesday, November 27, 2024
Author: 
Michael Plachta
Volume: 
40
Issue: 
12
Abstract: 

On November 21, 2024, the Pre-Trial Chamber I (PTC) fast-forwarded the proceedings in the Situation in the State of Palestine before the International Criminal Court (ICC). First, the three-judge panel unanimously rejected Israel’s challenge, submitted on September 26, 2024, based on Article 18(1) of the Rome Statute. Second, the same PTC rejected a second challenge, submitted by Israel on September 28, 2024, based on Article 19 of the Statute (lack of jurisdiction). After having “cleared the decks,” finally, on the same day, the PTC issued three arrest warrants against the residing Prime Minister of Israel - Benjamin Netanyahu, the former Minister of Defense of Israel - Yoav Gallant, and Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades).

International Tax Advisor Pleads Guilty to Tax Fraud During His Trial

Wednesday, November 27, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
12
Abstract: 

On November 14, 2024, Frank Butselaar pled guilty to one count of aiding or assisting in the filing of a false or fraudulent tax return.  The guilty plea occurred after seven days of trial testimony showing a sophisticated scheme to shelter income offshore on behalf of ultra-high-net-worth individuals.[1]



 

 

International Cooperation Brings Phobos Ransomware Administrator to Justice

Wednesday, November 27, 2024
Author: 
Emily Hong
Volume: 
40
Issue: 
12
Abstract: 

                The recent extradition of Evgenii Ptitsyn, a Russian national accused of orchestrating the Phobos ransomware operation, marks a significant milestone in the global fight against cybercrime. The United States, leveraging its strong extradition treaty with South Korea, successfully brought Ptitsyn to Maryland to face charges for his alleged involvement in a ransomware-as-a-service (RaaS) scheme that victimized over 1,000 organizations worldwide.[1] This case highlights the growing sophistication of ransomware operations, the increasing involvement of transnational organized crime, and the necessity of robust international cooperation to address these threats effectively.

 

 

Ugandan Lawyer Sues over the Prisoner Rioting in the DRC

Wednesday, November 27, 2024
Author: 
Simran Pandey
Volume: 
40
Issue: 
12
Abstract: 

                Steven Kalali, a Ugandan lawyer, has filed suit against the Democratic Republic of Congo (DRC). The lawsuit is based on allegations of human rights violations in the Makala Central Prison. The claims are rooted in accusing the government of extreme overcrowding within the Prison, abusing inmates, and committing acts of sexual violence against female inmates.[1]



 

 

Organized Crime Networks and the Recruitment of Minors: A Growing Threat

Friday, November 22, 2024
Author: 
Emily Hong
Volume: 
40
Issue: 
12
Abstract: 

                Europol has issued a stark warning about the increasing recruitment of minors by transnational organized crime (TOC) networks across Europe. This trend, which leverages evolving digital platforms and encrypted communication, has emerged as a deliberate strategy to exploit minors for illicit activities.[1] Europol’s intelligence notification sheds light on this phenomenon – offering both a glimpse into the methods of criminal networks and a call for urgent action by law enforcement and policymakers. Recent data shows that minors as young as 13 are now active participants in nearly every criminal market, including drug trafficking, extortion, and even murder.[2] Anonymous platforms enable recruiters to disguise their activities as financial or social opportunities for vulnerable youth, while encrypted messaging and custom privacy settings allow the creation of channels untraceable by law enforcement. By employing coded language, slang, and influencer-style communication, recruiters create an ecosystem where criminal activities are framed as challenges or games, making them particularly enticing for younger audiences.



 

 

Eurojust Helps Take Down Fake Art Network in Europe

Friday, November 22, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
12
Abstract: 

                On November 11, 2024, Eurojust announced its participation in a law enforcement operation, resulting in the indictment of thirty-eight persons and the seizure of 2,000 forged works of contemporary art.  The law enforcement takedown was the culmination of a one-and-one-half-year investigation by Italian authorities, working with Eurojust, Belgian, French, and Spanish counterparts.  The dismantling of the network prevented economic damage of € 200 million.[1]

 

 

U.S. Sanctions Target Third-Country Sanctions Evaders as Swiss Lawyers Call Designations Defamatory

Friday, November 22, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
12
Abstract: 

                On October 30, 2024, the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) announced the sanctioning of 275 individuals and entities involved in furnishing Russia with advanced technology and equipment that Russia “desperately needs to support its war machine.”  The sanctions are directed at both individual actors and sanctions evasion networks across 17 jurisdictions, including India, the People’s Republic of China (PRC), Switzerland, Thailand, and Türkiye. OFAC is also targeting domestic Russian importers and producers of key inputs and other materials for Russia’s military-industrial base.

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