It is settled law that a refusal to extradite is not in itself a basis for the deletion of a Red Notice or diffusion from INTERPOL’s files.  In 1984, the INTERPOL General Assembly resolved: “[I]f certain countries refuse extradition, this is reported to the other NCBs in an addendum to the original notice.” [1]  The Commission for the Control of INTERPOL’s Files has been applying this rule while adjudicating individual cases, repeatedly reminding us that a refusal to extradite does not per se lead to the deletion of a government request from the Organization’s databases: “[the] mere fact that one of INTERPOL’s Member countries has denied the extradition of an individual subject to a Red Notice does not, in itself, directly affect the compliance of the corresponding data registered in INTERPOL’s files.”[2]  However, the role of a refusal to extradite is not always limited to a mere addendum to a government request that otherwise continues to linger in the Organization’s databases. 

                 On September 5, 2024, the U.S. Department unsealed two indictments charging Dimitri Simes, 76, and Anastasia Simes, 55, both of Huntly, Virginia, and Russia with two separate schemes to violate U.S. sanctions.[1]

                 On September 4, the Department of Justice (DOJ) filed an affidavit for the seizure of 32 internet domains allegedly used by the Russian government to interfere with U.S. and foreign elections. The election interference campaign, known as “Doppelganger,” includes various Russian companies working under the discretion of Russia’s Presidential Administration to spread Russian propaganda to sway voters in different countries, increase pro-Russia support, and minimize countries’ support for Ukraine.[1]

          Two Columbian soldiers, José Medina, and Alejandro Ante, who had allegedly fought for Ukraine, have been deported to Moscow by Venezuelan authorities.  Russia claims that the two men functioned as mercenaries for Ukraine over a span of eight-to-ten months, and the government recently aired a video of the two men being interrogated on its state television.

         On August 23, 2024, a U.K. court published a ruling in which a judge dismissed Michael Lomas’s attempt to delay his extradition to South Africa. This ruling was made despite Lomas’ attorneys' argument that Lomas had serious mental health concerns and suicidal tendencies.

        On August 27, 2024, Nordea Bank accepted a $35 million civil penalty from a top regulator in New York state for its role in the Panama Papers scandal.  The Finland-based bank was accused of improperly policing its accounts and aiding money laundering operations – among other criminal activities -- in the process. 

    On September 2, 2024, the United States  Justice Department announced the seizure of a Dassault Falcon 900EX aircraft owned and operated for the benefit of Nicolás Maduro Moros and persons affiliated with him in Venezuela. The U.S.  seized the plane in the Dominican Republic and transferred to the Southern District of Florida at the request of the U.S. based on violations of U.S. export control and sanctions laws.

                 On August 21, 2024, Guatemalan authorities apprehended seven individuals linked to the tragic deaths of 53 migrants in San Antonio, Texas in June 2022.  The operation was conducted in coordination with U.S. law enforcement and involved the execution of raids at the residences of seven suspects implicated in the human smuggling network.[1]  These arrests represent a crucial development in the ongoing efforts by the United States and Guatemala to dismantle transnational human smuggling networks – but also highlight the ongoing challenges within the Guatemalan legal system that could complicate the prosecution of these seven individuals.

                 On August 14, 2024, the Department of Homeland Security (DHS) and Canadian authorities enacted two policy changes regarding the Safe Third Country Agreement (STCA) between Canada and the United States.[1]  The STCA has been in effect since 2002 and allows Canada and the U.S. to share responsibility for processing refugee applications.[2]  The updated Agreement makes two major changes: decreasing the time migrants are allowed with their lawyers to a minimum of four hours and requiring migrants to have their official documents ready for screening to see if they are subject to the 2002 STCA.[3]  In the original STCA from 2002, migrants were given a minimum of 24 hours with their attorneys, and migrants were able to postpone screenings by border agents to gather documents that would prove that they merited an exemption.[4]

                 On June 27, 2024, the Supreme Court issued a decision in SEC v. Jarkesy, finding that when the Securities Exchange Commission (SEC) claims a defendant has violated securities antifraud provisions and pursues civil penalties, the defendant is entitled to a jury trial in federal court according to the Seventh Amendment. This decision is significant because it places limitations on the SEC’s use of its in-house tribunal with administrative law judges (ALJs), which the SEC commonly uses when presenting antifraud claims. The decision also has important implications for international enforcement cases involving civil penalties.