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.

Dutch Court Agrees with Report Calling Santos-Linked Angolan Energy Deal Corrupt

Friday, July 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 23, 2021, the Amsterdam Court of Appeal agreed with the report of a court-appointed director that a transaction, whereby the former husband of the daughter of the former Angolan President, in 2006 whereby Angola’s state oil company, Sonangol, bought shares in Galp, the Portuguese energy company, was “null and void” because it was an act of corruption.[1]



[1]    Exem Energy Company v. Esperaza Holding B.V., Amsterdam Court of Appeal, Business Chamber, Case Number: 200.275.461/02, June 23, 2021, Opinion https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHAMS:2021:1837&showbutton=true&keyword=exem.

 

Dutch Court Agrees with Report Calling Santos-Linked Angolan Energy Deal Corrupt

Friday, July 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 23, 2021, the Amsterdam Court of Appeal agreed with the report of a court-appointed director that a transaction, whereby the former husband of the daughter of the former Angolan President, in 2006 whereby Angola’s state oil company, Sonangol, bought shares in Galp, the Portuguese energy company, was “null and void” because it was an act of corruption.[1]



[1]    Exem Energy Company v. Esperaza Holding B.V., Amsterdam Court of Appeal, Business Chamber, Case Number: 200.275.461/02, June 23, 2021, Opinion https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHAMS:2021:1837&showbutton=true&keyword=exem.

 

U.S. and EU Progress on Several International Enforcement issues at Justice & Home Affairs Ministerial Meeting in Lisbon

Thursday, July 1, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 22, 2021, the Portuguese Presidency of the Council of the European Union hosted the EU-U.S. Ministerial Meeting on Justice and Home Affairs in Lisbon and made progress on counter-terrorism, violent extremism, and Passenger Name Record (PNR) data exchange.  They also discussed developing bilateral and multilateral instruments to combat cybercrime, using artificial intelligence,  and developing well-managed and humane migration policies.

Belgian Security Services Firm Agrees to Pay $15 Million to Resolve Antitrust Conspiracy Charges

Thursday, July 1, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 25, 2021, the United States Department of Justice announced that G4S Secure Solutions NV (G4S), a Belgian security firm, has agreed to plead guilty for its role in a conspiracy to rig bids, allocate customers, and fix prices for defense-related services.  The agreement constitutes the first international resolution obtained by the Procurement Collusion Strike Force (PCSF).[1]

 



[1]    U.S. Department of Justice, Belgian Security Services Firm Agrees to Plead Guilty to Criminal Antitrust Conspiracy Affecting Department of Defense Procurement,  Press Rel. 21-599, June 25, 2021.

 

Austria Arrests Turkish Businessman for Extradition to U.S. on Fraud and Laundering Charges

Thursday, July 1, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 21, 2021, the U.S. Department of Justice (DOJ) announced Austrian authorities on June 19 arrested Sezgin Baran Korkmaz at the request of the DOJ.  His arrest followed the return by a federal grand jury in Salt Lake City, Utah, on April 28 of a superseding indictment, which was unsealed on June 21.  The superseding indictment charges Korkmaz with one count of conspiring to commit money laundering, 10 counts of wire fraud, and one count of obstruction of an official proceeding.[1]



[1]    U.S. Department of Justice, Turkish Businessman Arrested in Austria on Charges that He Allegedly Laundered Over $133 Million in Fraud  Proceeds, Press Rel. 21-582, June 21, 2021.

 

The Gupta Brothers’ Corruption Scandal Invokes the Ratification of a New Mutual Legal Assistance and Extradition Treaty Between South Africa and the United Arab Emirates

Thursday, July 1, 2021
Author: 
Jamie Jang
Volume: 
37
Issue: 
7
Abstract: 

In 2018, the economic and political stability of South Africa was upended when the Gupta brothers – Ajay, Atul, and Rajesh Gupta – and government officials were caught conspiring together.[1] The Gupta brothers, Indian-born South African businessmen, owned a tectonic empire across South Africa and wielded a great degree of political power.[2] After a government official testified against the Guptas, it was revealed that they allegedly had been involved in a longstanding scheme with members of the South African government, including President Jacob Zuma, to siphon millions of dollars from state-owned firms and the national treasury.[3] President Zuma was forced to resign and the Gupta brothers fled to Dubai, leaving their enterprises in South Africa bankrupt.[4] This scandal “offers a case study in a new, systematic form of graft known as ‘state capture.’ [. . .] It demonstrates how an entire country can fall to foreign influences without a single shot being fired”.[5]



[1]               “State Capture”: How the Gupta Brothers Hijacked South Africa Using Bribes Instead of Bullets. Vanity Fair. March, 2019.  

[2]               Id.

[3]               Id.

[4]               Id.

[5]               Id.

 

Illicit Ivory Trafficking from Angola to Vietnam

Thursday, July 1, 2021
Author: 
Emma Byrne
Volume: 
37
Issue: 
7
Abstract: 

In a most recent arrest, the National Police in Huila have detained a Vietnamese national for suspected trafficking.[1] The individual was caught having paid an Angolan national 50,000 kwanzas to transport him and around 20 kilograms of illegal ivory.[2] This and other arrests in recent months, point to the larger trafficking problem between Angola, along with other countries in Africa, and Vietnam.



[1] “Angola: Vietnamese National Arrested With 20 Kg of Ivory.” allAfrica.com, May 24, 2021. https://allafrica.com/stories/202105240685.html.

[2] Id.

 

U.S. District Court Denies Norway’s Extradition Request on Corruption Case Due to Statute of Limitations

Tuesday, June 29, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 16, 2021, Magistrate Judge Sean P. Elynn of the United States District Court in the Middle District of Florida denied an extradition request from the Norwegian government for Kendrick Taylor Wallace, a U.S. citizen who was convicted of criminal offenses in Norway for bribery schemes due to the lapse of the statute of limitations in the U.S.-Norway extradition treaty.[1]



[1] In the Matter of The Extradition of Kendrick Taylor Wallace, United States District Court, M.D. Florida, Tampa Division, Case No. 8:21-mj-1246-JSS, June 11, 2021. https://www.leagle.com/decision/infdco20210614c24#;

U.S. Court Denies Norway’s Extradition Request of Former Yara International Executive, June 16, 2021 https://fcpaprofessor.com/u-s-court-denies-norways-extradition-request-former-yara-international-executive/JudicialDecision.

 

 

 

New Zealand Supreme Court Allows Murder Suspect’s Extradition to China Pending More Assurances

Friday, June 25, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
6
Abstract: 

On June 3, 2021, in a 3-2 split decision, New Zealand’s Supreme Court found Kyung Yup Kim, a Korean-born permanent resident of New Zealand, could be extradited to China if China gives New Zealand sufficient assurance about his obtaining a fair trial.[1]



[1]    Min. of Justice v. Kyung Yup Kim, Supreme Court of New Zealand, SC 57/2019

[2021] NZSC 57 (June 3, 2021) https://www.courtsofnz.govt.nz/assets/cases/2021/2021-NZSC-57.pdf; Nick Perry, Associated Press, New Zealand’s top court allows pathway for China extradition, City News, June 3, 2021.

 

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