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.

Spanish Court Advises Banco de Chile to Set Aside $103M for Money Laundering from Pinochet Expropriations

Tuesday, August 3, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
8
Abstract: 

On July 29, 2021, the Seventh Court of Guarantee of Santiago (El Séptimo Juzgado de Garantía de Santiago) reopened an investigation into whether the Banco de Chile helped the former dictator, Augusto Pinochet, launder money.  It notified the Supreme Court of Chile of the reopening of the case and advised the bank, whose ownership is related to the Pinochet family, to set aside $103 million.[1]



[1]     Raphael Minder, Spain Reopens Pinochet Inquiry Into Tax Evasion and Laundering, N.Y. Times, July 31, 2021, at A7, col.1.

 

Conviction of Liberian Warlord Puts Spotlight on Universal Jurisdiction and Liberian Accountability

Tuesday, August 3, 2021
Author: 
Theodore David
Volume: 
37
Issue: 
8
Abstract: 

On June 18, 2021, the Swiss Federal Criminal Court convicted Liberian warlord Alieu Kosiah, 46, of crimes against humanity committed during the country’s first civil war, fought from 1989 to 1996. The decision has raised issues of a lack of accountability in Liberia and the use of universal jurisdiction to prosecute war crimes outside of the jurisdiction in which they were committed.

Nigerian High Court Sentenced 10 Pirates for the Hijack of Chinese Vessel

Friday, July 30, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
8
Abstract: 

On July 23, 2021, a Nigerian Federal High Court sentenced 10 Pirates for their involvement in hijacking a Chinese Vessel merchant vessel FV HAILUFENG II in 2020. The pirates each received a 12-year prison sentence and a N250,000 fine on each count.[1]



[1] Nigerian court sentences 10 men to prison for 2020 Chinese ship hijacking, Reuters, July 23, 2021, https://www.reuters.com/world/africa/nigerian-court-sentences-10-men-prison-2020-chinese-ship-hijacking-2021-07-23/.

 

Charges against Professionals Illustrate the Shifting Legal Landscape for Professional Enablers

Thursday, July 29, 2021
Author: 
Austin Max Scherer
Volume: 
37
Issue: 
8
Abstract: 

Two recent cases show efforts of tax authorities to hold professional enablers accountable.  The first concerns the Danish tax authority’s civil fraud charges against U.S. lawyer Michael Ben-Jacob.  The second involves the German government’s criminal tax fraud charges against Hanno Berger. Over the last decade, the world has witnessed increasingly sophisticated financial crimes occurring across borders.  Due to these crimes, the public interest on these issues has grown; this is due to the large coverage given to these financial crimes like the Panama Papers.  The small segment of professionals that generate opportunities to facilitate the commission and/or concealment of such crimes undermine not only the rule of law, but their own profession, public confidence in the legal and financial system, as well as the level playing field between compliant and non-compliant taxpayers.[1]  This article will explain the role of professional enablers, highlight an example of the professional enabler in practice, and raise strategies to deter future professional enablers. 

 



[1] Ending the Shell Game: Cracking down on the Professionals who enable Tax and White Collar Crimes, OECD, https://www.oecd.org/tax/crime/ending-the-shell-game-cracking-down-on-the-professionals-who-enable-tax-and-white-collar-crime.pdf, Feb. 25, 2021 (last visited Jul. 26, 2021).

 

U.S. Grand Jury Returns Superseding Indictment against 9 Chinese Persons for Illegally Exercising Law Enforcement Activities

Tuesday, July 27, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
8
Abstract: 

On July 22, 2021, the U.S. Attorney in the Eastern District of New York announced the filing by a federal grand jury of a superseding indictment charging nine defendants with acting and conspiring to act in the United States as illegal agents of the People’s Republic of China (PRC) without prior notification to the Attorney General, and participating and conspiring to participate in interstate and international stalking.  The indictment charged two of the nine defendants also with obstruction of justice and conspiracy to obstruct justice.[1]



[1]    U.S. Department of Justice (DOJ), Nine Individuals Charged in Superseding Indictment with Conspiring to Act as Illegal Agents of the People’s Republic of China, Press Rel. 21-683, July 22, 2021; United States v. Hi Ju, U.S. District Court E.D.N.Y.,  Cr. No. 21-CR-265 (PKC)(S-1), Superseding Indictment, July 22, 2021.

 

EU Commission Proposes Major Revisions for Countering Money Laundering and Terrorism Financing

Tuesday, July 27, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
8
Abstract: 

On July 20, 2021, the European Commission presented a significant set of legislative proposals to strengthen the EU’s anti-money laundering and countering terrorism financing (AML/CFT) rules.  The proposal will establish a new EU authority to combat money laundering.  The proposals aim to improve the detection of suspicious transactions and activities, and to eliminate the loopholes that criminals use to launder illicit proceeds or finance terrorist activities through the financial system. 

UK’s Westminster Magistrates Court Orders Extradition of UK ‘Batman’ Investor to Germany for Tax Fraud

Tuesday, July 27, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
8
Abstract: 

On July 19, 2021, District Judge Michael Snow of the Westminster Magistrates’ Court ordered the extradition of Peter Singh Virdee from the United Kingdom to Germany to face tax fraud charges concerning allegations he operated a criminal gang that stole €125.6 million ($148.2 million) in a carbon credits carousel scam.

U.S. and Allies Blame China for Hacking the Microsoft Exchange

Thursday, July 22, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
7
Abstract: 

On July 19, 2021, the U.S., European Union, and NATO accused China for its involvement in the Microsoft Exchange hack that impacted companies, governments, and organizations. The announcement fell short of any sanctions and was mainly intended to set clear guidelines on what is prohibited. [1]

 



[1] Zolan Kanno-Youngs and David E. Sanger, U.S. Accuses China of Hacking Microsoft, The New York Times, July 19, 2021, https://www.nytimes.com/2021/07/19/us/politics/microsoft-hacking-china-b....

 

U.S. Justice Department Brings Forfeiture Action for 10th Century Statute Looted from Cambodia

Thursday, July 22, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On July 15, 2021, the United States Attorney for the Southern District of New York announced the filing of a civil complaint seeking forfeiture of a 10th Century Khmer sandstone statue – Skanda on a  Peacock – in order to return it to the Kingdom of Cambodia.[1] In approximately 1997, a former member of the Khmer Rouge led a team of looters who store the statute from the Prasat Krachap temple at Koh Ker in Cambodia. Thereafter, antiquities dealer Douglas Latchford allegedly sold it into the international art market.  The statue is considered to be a masterpiece of artistic achievement and a valuable part of the Cambodian cultural heritage.[2]



[1]    U.S. Department of Justice, 10th Century Statute Looted from Cambodian Temple Is Subject of Forfeiture Action Filed in Manhattan Federal Court, Press Rel. 21-181, July 15, 2021.

[2]    United States. V. 10th Century Cambodian Sandstone Sculpture Depicting Skanda on a Peacock, United States District Court Southern District of N.Y., Case 1:21-cv-06065, Verified Complaint for Forfeiture, July 15, 2021, paragr. 1 https%3A%2F%2Fwww.justice.gov%2Fusao-sdny%2Fpress-release%2Ffile%2F1412521%2Fdownload&...  

 

Chilean Woman Living Australia to Face Extradition for Kidnapping Charges

Wednesday, July 21, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
7
Abstract: 

On June 25, 2021, an Australian federal court judge ruled that a Chilean woman living in Sydney must face extradition for her alleged involvement in kidnappings during Augusto Pinochet’s dictatorship.[1]



[1] Erin Cunningham, Chilean woman should be extradited for alleged kidnappings under Pinochet, says Australian court, The Washington Post, June 24, 2021, https://www.washingtonpost.com/world/2021/06/24/australia-chile-extradition-pinochet/.

 

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