On June 17, 2021, the Organization of Economic Cooperation and Development (OECD) published a new editor of Fighting Tax Crime – The Ten Global Principles (78 pp., ISBN 9789264807143 (EPUB).  Initially published in 2017, the work furnishes the first comprehensive guide to combating tax crimes. It discusses ten essential principles covering the legal, institutional, administrative, and operational aspects necessary for developing an efficient and effective system for identifying, investigating and prosecuting tax crimes, while respecting the rights of accused taxpayers.

A former executive at Goldman Sachs U.K., Asante Benko, settled the U.S. Securities and Exchange Commission’s (SEC) claims that he funneled at least $2.5 million in bribes to government officials in Ghana to secure a power plant contract for a Turkish energy company.[1]  Asante Benko agreed to pay over $329,000 to resolve the regulator’s enforcement action.  The total money yields from $275,000 in ill-gotten profits and $54,000 in interest.[2]  The SEC accused Benko of violating the Foreign Corrupt Practices Act (FCPA) by paying off members of parliament and key government officials through a Ghana-based shell company.[3]  Goldman Sachs was not named in the complaint due to its full cooperation with SEC’s investigation.[4]  This article will further discuss the violations by Asante Benko, highlight important guidelines and provisions of the FCPA, and the practices of Goldman Sachs’ compliance department. 

On July 1, 2021, the U.S. Department of State released the 2021 Trafficking in Persons Report (TIP) that documents the global effort towards combating human trafficking.

In the Report’s opening remarks, Secretary of State Antony Blinken stated that

 “Through this Report, we call on governments to join the United States in improving our collective efforts to address human trafficking comprehensively. Doing so requires us to mitigate harmful practices and policies that cause socioeconomic or political vulnerabilities that traffickers often prey on.”[1]

On July 13, 2021, United States Department of Justice officials unsealed an indictment in the U.S. District Court for the Southern District of New York, charging four Iranian nationals with conspiracies concerning kidnapping, sanctions violations, bank and wire fraud, and money laundering.  The indictment charges a co-conspirator, who is an Iranian national and California resident, with structuring violations.[1]

Recent events in Haiti^[1] and the Central African Republic^[2] have underscored the continued threats that the use of mercenaries poses to international peacekeeping.  Mercenaries have been involved in armed conflicts for over 3,000 years, as kings and despots have utilized them in order to acquire and maintain power and affluence.[3]   International law has strived to regulate such offences and encourage States to prevent the illicit activities, especially violence and assassinations, from occurring within their borders. As defined by Article 47 of Additional Protocol I to the Geneva Conventions, mercenaries are individuals who are recruited locally or abroad in order to participate directly in an armed conflict.  They are motivated through substantial material compensation and are neither nationals of a party to the conflict nor a resident to the territory involved in the conflict.[4]

On June 25 and July 2, 2021, respectively, the U.S. Department of Justice (DOJ)[1] and the U.K. Serious Fraud Office (SFO)[2] announced settlements with Amec Foster Wheeler Energy Limited (Amec Foster Wheeler or AFW) over global corruption.  AFW also settled with the Brazilian government, and the three governments collaborated in the settlement.[3]

Federal authorities seized at U.S. airports unauthorized versions of the COVID-19 treatment remdesivir destined for distribution in Mexico.[1]  Counterfeit versions are arriving in the U.S. by plane from Bangladesh and India and then smuggled by individuals to Mexico, which will then be sold to the highest bidder.[2]  The seizure of counterfeit treatments is not new as U.S. Customs and Border Protection officers have captured more than 100 shipments.[3]

On June 16, 2021, the African Commission on Human and Peoples’ Rights launched a Commission of Inquiry to investigate international human rights and humanitarian law violations in Tigray, Ethiopia. The Commission of Inquiry is in accordance with the Commission’s mandate to promote and protect human rights in Africa under Article 45 of the African Charter on Human and Peoples’ Rights.[1] According to a press statement, the African Commission on Human and Peoples’ Rights will begin its work in Banjul, Republic of Gambia, and “will conduct investigations on the ground and in neighboring countries when the conditions are met.”[2] “The Commission of Inquiry has a mandate to, inter alia, investigate allegations of violations of international human rights law and international humanitarian law, and to gather all relevant information to determine whether the allegations constitute serious and massive violations of human rights.”[3] The Commission of Inquiry on Tigray officially commenced on June 17, 2021.[4]

The FATF Plenary met virtually on June 20-25, 2021, and acted on several important strategic initiatives during the German Presidency.

            On June 29, 2021, the Bolivian government signed a Memo of Understanding (MoU) with the Fisheries Transparency Initiative (FiTI). The collaborative effort is aimed at increasing transparency, compliance, and knowledge in the fishing industry. [1]