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 Data Protection Supervisor Orders Europol to Hand Over Stored Data of Dutch Activist

Friday, September 30, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
10
Abstract: 

On September 15, 2022, the European Data Protection Supervisor (EDPS) sent down a decision ordering Europol to hand over their stored data of Dutch activist Frank Van der Linde to him.  The decision is the culmination of two year long investigation which also revealed that Europol tried to delete Van der Linde’s data to avoid complying with supervision.[1]



[1] Europol Told to Hand over Personal Data to Dutch Activist, FAIRTRIALS, September 15, 2022.

 

Brazilian Airline GOL Agrees to DPA to Resolve Bribery Charges in the U.S. and Brazil

Friday, September 23, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
10
Abstract: 

On September 15, 2022, the United States Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) announced resolutions with GOL Linhas Aéreas Inteligentes S.A. (GOL), an airline headquartered in São Paulo, Brazil, whereby GOL will pay more than $41 million to resolve parallel bribery investigations by criminal and civil authorities in the U.S. and Brazil.  Court documents indicate that GOL entered into a three-year deferred prosecution agreement (DPA) with the DOJ in connection with criminal information filed in the District of Maryland charging the company with conspiracy to violate the antibribery and books and records provisions of the Foreign Corrupt Practices Act (FCPA).[1]



[1]    U.S. Department of Justice, GOL Linhas Aéreas Inteligentes S.A. Will Pay Over $41 Million in Resolution of Foreign Bribery Investigations in the United States and Brazil, Press Rel. 22-978, September  15, 2022.

 

Denmark Loses Extradition Request for Shah, But Dubai Court Orders Him to Pay Denmark $1 Billion

Friday, September 23, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
10
Abstract: 

On September 12, 2022, a  United Arab Emirates court denied the extradition request by Denmark for Dubai to extradite British national Sanjay Shah, the principal suspect in a Danish cum-ex dividend tax fraud cause.[1]   On September 16, a Dubai court ordered Shah and several other people and companies connected to him to repay Denmark more than 8 billion kroner ($1.1 billion).[2]



[1]    Alexander Cornwell,  Nikolaj Skydsgaard,  Stine Jacobsen;  Terje Solsvik and Alison Williams, UAE judge rejects extradition of main suspect in Danish tax fraud case, Reuters, Sept. 12, 2022.

[2]    Dubai court orders Sanjay Shah, others to pay Denmark $1 billion, Bloomberg, Sept. 16, 2022.

 

Justice Department Reports on Enforcement against Criminal Activity Using Digital Assets and Starts National Network

Friday, September 23, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
10
Abstract: 

On September 16, the United States Department of Justice announce significant new actions concerning digital assets, including the public release of its report, pursuant to the President’s March 9 Executive Order on Ensuring Responsible Development of Digital Assets, on The Role of Law Enforcement in Detecting Investigation, and Prosecuting Criminal Activity Related to Digital Assets; and the establishment of the nationwide Digital Asset Coordinator (DAC) Network, in furtherance of the DOJ’s efforts to comb at the increasing threat posed by the illicit use of digital assets to the U.S. public.[1]



[1]    U.S. Department of Justice, Justice Department Announces Report on Digital Assets and Launches Nationwide Network, Press Rel. 22-982, Sept.16, 2022.

 

Close Allies of Liberian President Resign After US Corruption Accusations

Friday, September 16, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
9
Abstract: 

On September 12, Liberian President George Weah accepted the resignations of two of three senior officials following corruption allegations levied against all of them by the United States.  On August 15, the Department of the Treasury announced the imposition of sanctions on Nathanial McGill, Weah’s Chief of Staff, Sayma Syrenius Cephus, Chief Prosecutor of Liberia, and Bill Twehway, the Managing Director of the National Port Authority.[1]



[1] Treasury Sanctions Senior Liberian Government Officials for Public Corruption, TREASURY, August 15, 2022 https://home.treasury.gov/news/press-releases/jy0921.

 

U.S. Unseals Indictment Charging Three Iranian Nationals with Hacking and Extortion

Friday, September 16, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
9
Abstract: 

On September 14, 2022, the U.S. Department of Justice and the Federal Bureau of Investigation revealed the unsealing of indictments in the U.S. District Court of New Jersey against three Iranian nationals for allegedly devising and implementing a scheme to hack into computer networks of multiple U.S. victims and try to extort money from them.[1]   Simultaneously, the Department of the Treasury Office of Foreign Assets Control (OFAC) sanctioned ten individuals, including the three indictees, and two entities for their roles in perpetrating malicious cyber acts, including ransomware activity.[2]



[1]    U.S. Department of Justice, Three Iranian nationals Charged with Engaging in Computer Intrusions and Ransomware-Style Extortion Against U.S. Critical Infrastructure Providers,  Press Rel. No. 22-99, Sept. 14, 2022.

[2]    U.S. Department of Treasury, Treasury Sanctions IRGC-Affiliated Cyber Actors for Roles in Ransomware Activity, Sept. 14, 2022.  https://home.treasury.gov/news/press-releases/jy0948.

 

Latvia Extradites National to the U.S. for Securities Fraud in Cryptocurrency Scheme

Friday, September 16, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
9
Abstract: 

On August 26, 2022, Latvia extradited Ivars Auzins, a citizen of Latvia, to the United States to answer a six-count indictment charging him with wire fraud, securities fraud, and conspiracies to commit wire fraud and securities fraud in connection with the operation of eight companies purporting to offer, invest in, or mine digital assets.  Auzins was arraigned in U.S. District Court in the Eastern District of New York on August 27 before Judge Roanne L. Mann.[1]



[1]    U.S. Department of Justice, Latvian Individual Extradited for Securities Fraud and Wire Fraud in Cryptocurrency Scheme, Press Rel. , Aug. 26, 2022;

 

UN Commissioner Alleges Crimes Against Humanity by China Against the Uyghurs

Friday, September 16, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
9
Abstract: 

On August 31, 2022, the UN High Commissioner for Human Rights (OHCHR), Mrs. Michelle Bachelet, released a report into what China refers to as the Xinjiang Uyghur Autonomous Region (XUAR). She has concluded that crimes against humanity against the Uyghur and “other predominantly Muslim communities” have been committed.[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] China responsible for ‘serious human rights violations’ in Xinjiang province: UN human rights report, August 31, 2022, https://news.un.org/en/story/2022/08/1125932.

 

U.S. National Pleads Guilty to Wildlife Smuggling and Trafficking

Friday, September 16, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
9
Abstract: 

On August 24, 2022, Jose Manuel Perez, also known as “Julio Rodriguez,” 30 years of age, pleaded guilty to federal criminal charges for illegally importing into the United States more than 1,700 wild animals, including 60 reptiles found hidden in his clothes earlier this year at the U.S.-Mexico border.  From Oxnard in Ventura County, Perez pleaded guilty to two counts of smuggling goods into the U.S. and one count of wildlife trafficking.[1]



[1]    U.S. Attorney in Central District of California, Oxnard Man Pleads Guilty to Wildlife Smuggling and Trafficking Charges for Illegally Importing More than 1,700 Animals into U.S., Press Release No. 22-164, Aug. 24, 2022.

 

Thailand Extradites Two Marshall Islands Nationals to the U.S. on Corruption Charges

Thursday, September 8, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
9
Abstract: 

 On September 2, 2022, the U.S. Department of Justice (DOJ) announced that two Marshall Island nationals arrived in the U.S. after Thailand extradited them.  Cary Yan, 50, and Gina Zhou, 34, are charged with allegedly violated the Foreign Corrupt Practices Act (FCPA), money laundering, and conspiracy to commit those offenses with respect to a scheme to bribe elected officials of the Republic of the Marshall Islands (RMI) in exchange for enacting certain legislation.  They were expected to make their initial court appearance on September 6 before U.S. Magistrate Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York.[1]



[1]   U.S. Department of Justice, Former Heads of New York-Based Non-Governmental Organization Charged with Bribing elected Officials of the Marshall Islands Extradited to the United States from Thailand, Press Rel. No. 22-945, Sept. 2, 2022.

 

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