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.

European Parliament Acts on Money Laundering, Terrorism Financing, and Combating Fraud

Saturday, October 31, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

In a resolution adopted on July 10, 2020, with 534 votes to 25 and 122 abstentions, Members of the European Parliament welcomed the European Commission’s Action Plan on how to fight effectively against money laundering and terrorist financing (AML-TF resolution) and highlighted the most pressing changes needed to achieve an efficient EU framework.

UK Bill Limiting Liability for Servicemen in Armed Conflict Progresses

Saturday, October 31, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

The Overseas Operations (Service Personnel and Veterans) Bill, which contains several controversial provisions, had its 2nd Reading in the UK House of Commons on September 23, 2020 and started its Committee stage on October 6. The Government presented the Bill on March 18, 2020.[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.

[1] Bill documents – Overseas Operations (Service Personnel and Veterans) Bill 2019-21, https://services.parliament.uk/Bills/2019-21/overseasoperationsservicepe....

 

Goldman Sachs Enters Into DPA and Agrees to Pay Over $2.9 Billion in Penalties over 1MDB Affair

Saturday, October 31, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

                On October 22, 2020, the Goldman Sachs Group, Inc. (Goldman Sachs or the Company), a global financial institution headquartered in New York, New York, and Gold Sachs (Malaysia) Sdn. Bhd. (GS Malaysia), its Malaysian subsidiary, settled criminal charges. The settlement required them to admit to conspiring to violate the Foreign Corrupt Practices Act (FCPA)in connection with a scheme to pay one billion dollars in bribes to high-ranking government officials in Malaysia and Abu Dhabi to obtain valuable business for Goldman Sachs, underwriting approximately $6.5 billion in three bond deals for 1Malasyia Development Bhd. (1MDB). Goldman Sachs earned hundreds of millions in fees on the deals.  Goldman Sachs will pay more than $2.9 billion as part of a coordinated resolution with criminal and civil authorities in the United States, United Kingdom, Singapore, and elsewhere.[1]



[1]    U.S. Department of Justice, Goldman Sachs Resolves Foreign Bribery Case and Agrees to Pay Over $2.9 Billion, Press Rel. 20-1143, Oct. 22, 2020.

 

J&F Pleads Guilty and Agrees to Pay More than $256 Million on FCPA Charges

Friday, October 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 14, 2020, in the U.S. District Court for the Eastern District of New York, J&F Investimentos SA (J&F), a multinational enterprise headquarters in Brazil and engaged primarily in meat and agriculture businesses, pleaded guilty to conspiring to violate the Foreign Corrupt Practices Act (FCPA). The plea requires it to pay a criminal fine of more than $256 million. The charges concern schemes by J&F to pay millions of dollars in bribes to Brazilian government officials through, inter alia, bank accounts based in New York.[1] Simultaneously J&F entered into a settlement with the Securities and Exchange Commission (SEC).



[1]    U.S. Department of Justice, J&F Investimentos SA Pleads Guilty and Agrees to Pay More than $256 Million in Criminal Fines to Resolve Foreign Bribery Case, Press Rel. 20-1092, Oct. 14, 2020.

 

 

Open Society and Academicians Sue Trump Administration for Sanctions against the ICC

Friday, October 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 1, 2020, the Open Society Justice Initiative (OSJI) and four academicians who work with the International Criminal Court (ICC) brought a complaint in the U.S. District Court for the Southern District of New York against the Trump Administration, alleging that the executive order and sanctions against ICC officials are unconstitutionally invalid.[1]



[1]    Opens Society Justice Initiative v. Donald J. Trump, U.S. District Court S.D.N.Y., Case 1:20-cv-08121, Complaint, Oct. 1, 2020.

 

 

United States Charged with Human Rights Abuses for Killings at U.S.-Mexico Border

Friday, October 23, 2020
Author: 
Julia V. Brock
Volume: 
36
Issue: 
10
Abstract: 

On October 1, 2020, attorneys at Hilliard Shadowen LLP and Hilliard Martinez Gonzales LLP filed a petition with the Inter-American Commission on Human Rights (IACHR) to hold the United States accountable for the cross-border killings of multiple Mexican citizens.[1] The Petitioners are family members of six victims killed by U.S. Border Patrol agents. The victims include 16-year-old José Antonio Elena Rodriguez, who was shot in the back 10 times, Guillermo Arevalo who was picnicking with his wife and daughters along the Rio Grande, and four others. The death of 15-year-old Sergio Hernández sparked a Supreme Court case in which the court ruled that Hernández’s family could not sue the border patrol agent who killed Hernandez.[2]



[1] Petition before the Inter-American Council for Human Rights: https://hilliardshadowenlaw.com/wp-content/uploads/2020/10/IACHR-Complaint-copy.pdf.

[2] Mark Sherman, “Supreme Court Rules Parents of Slain Mexican Teenager Cannot Sue Border Agent,” PBS NEWS HOUR, Feb. 25, 2020, https://www.pbs.org/newshour/nation/supreme-court-rules-parents-of-slain-mexican-teenager-cannot-sue-border-agent

 

Dominican Republic Extradites Politician to the U.S. on Heroin Distribution Charges

Friday, October 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 9, 2020, United States Magistrate Judge Vera M. Scanlon arraigned Yamil Abreu Navarro in the U.S. District Court in Brooklyn, New York on an indictment charging him with international heroin distribution. On October 8, the Dominican Republic extradited him to the U.S.[1]



[1]    U.S. Attorney’s Office E.D.N.Y., Dominican Republic Official Extradited to the United States to Face Narcotics Trafficking Charges, Oct. 9, 2020.

 

 

French Court Sentences Diacks to Prison in IAAF Corruption Case

Friday, October 23, 2020
Author: 
Jonathan J. Rusch
Volume: 
36
Issue: 
10
Abstract: 

On September 16, 2020, in the latest case involving French prosecution of international corruption, the Paris Criminal Court convicted and sentenced the former longtime head of the International Association of Athletics Federations (IAAF) Lameke Diack and his son Papa Massata Diack to prison. The Paris Criminal Court convicted the men for their respective roles in soliciting and accepting payments from Russian athletes, in order to cover upallegations of doping and enable the latter to continue competing, including in the 2012 London Olympic Games.[1]



[1]   See Lamine Diack: Former IAAF head found guilty of corruption and jailed, BBC, September 16, 2020, https://www.bbc.com/sport/athletics/54176537.

 

CEO of Multibillion-Dollar Software Company Indicted for Largest-Ever Tax Evasion as Private Equity CEO Makes NPA to Cooperate in the Case

Friday, October 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 15, 2020, a federal grand jury in San Francisco, California, returned a 39 count indictment,[1] charging Robert T. Brockman, the Chief Executive Officer (CEO) of an Ohio-based software company with hiding $2 billion dollars worth in income in what the Internal Revenue Service and U.S. Attorney David L. Anderson characterized as the largest tax evasion case in U.S. history.[2] On the same day the Justice Department (DOJ) announced that Robert F. Smith, the Chairman and CEO of a San-Francisco based private equity company, entered into a Non-Prosecution Agreement (NPA) with DOJ for his involvement from 2000 through 2015 in an illegal scheme to conceal income and evade millions in taxes by using an offshore trust structure and offshore bank accounts.[3] Smith worked with Brockman and will cooperate through his NPA in the prosecution of Brockman.



[1]   United States v. Robert T. Brockman., U.S. Dist. Court, N.D. Cal.,  CASE NO. 3:20-cr-00371 WHA

Indictment, Oct. 1, 2020 https://www.justice.gov/usao-ndca/press-release/file/1327926/download.

 

[2]   U.S. Department of Justice, CEO of Multibillion-Dollar Software Company Indicted for Decades-Long Tax Evasion and Wire Fraud Schemes, Press Rel., Oct. 15, 2020; Michael Levenson, U.S. Brings ‘Largest Ever Tax Charge’ Against Tech Executive, N.Y. Times, Oct. 15, 2020.

 

[3]   U.S. Department of Justice, Private Equity CEO Enters Into Non-Prosecution Agreement on International Tax Fraud Scheme and Agrees to Pay $39 Million, to Abandon $182 Million in Charitable Contribution Deductions, and to Cooperate with Government Investigations, DOJ Press Rel. Tax 20-1102, Oct. 15, 2020.

 

United States Targets Chinese Belt & Road Project With Global Magnitsky Sanctions: Corruption, Human Rights, and Geostrategy

Friday, October 23, 2020
Author: 
Hdeel Abdelhady
Volume: 
36
Issue: 
10
Abstract: 

The United States on September 15, 2020 imposed Global Magnitsky Sanctions[i] on Union Development Group Co., Ltd.,[ii] the Chinese state-owned company (“UDG”) behind the Dara Sakor development project that is part of China’s ambitious Belt and Road Initiative (“BRI” also known as the New Silk Road or One Belt, One Road). The move is significant and might signal a ratcheting up of U.S. opposition to the BRI, which has largely constituted rhetoric, diplomatic lobbying,[iii] and relatively tepid competition, such as by the establishment of the U.S. International Development Finance Corporation (DFC).[iv]



Notes

[i] Hdeel Abdelhady, Global Magnitsky Corruption and Human Rights Sanctions Overview, MassPoint Legal and Strategy Advisory PLLC (Aug. 18, 2018), at https://masspointpllc.com/global-magnitsky-sanctions-overview/ (last visited Oct. 19, 2020).

[ii] Notice of OFAC Sanctions Actions, 85 Fed. Reg. 58,427 (Sept. 18, 2020).

[iii] Orange Wang, US steps up belt and road offensive saying it offers fairer deals than China’s ‘debt trap’, South China Morning Post, May 3, 2019, at https://www.scmp.com/news/china/diplomacy/article/3008640/us-steps-belt-and-road-offensive-saying-it-offers-fairer-deals (last visited Oct. 19, 2020).

[iv] The DFC was established by the Better Utilization of Investments Leading to Development (BUILD) Act of 2018, and is an amalgamation of the Overseas Private Investment Corporation (OPIC) and the Development Credit Authority (DCA) office of the U.S. Agency for International Development (USAID). Responding to the BRI and China’s international development finance activities was a “key policy rationale” for the BUILD Act. Congressional Research Service, BUILD Act: Frequently Asked Questions About the New U.S. International Development Finance Corporation, Jan. 15, 2019.

 

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