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.

U.S. Senate Judiciary Committee Holds Hearing on Accountability for War Crimes and Crimes against Humanity

Friday, September 30, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
10
Abstract: 

On September 28, 2022, the U.S. Senate Committee on Judiciary held a hearing from “Nuremburg to Ukraine: Accountability for War Crimes and Crimes against Humanity.”  It featured a discussion of proposed laws, such as the Human Rights Violators Act (S. 4201), which was introduced earlier this year.  The legislation would establish grounds of inadmissibility for any alien who participated in the persecution of people because of race, religion, nationality, social group, or political opinion as well as any alien who ordered, incited, assisted, or otherwise participated in war crimes as defined in federal law. It would also make any alien already in the country deportable if they fit those definitions. It would formally authorize ICE’s Human Rights Violators and War Crimes Center.[1]



[1]    See Grassley-Graham Proposal Will Make Human Rights Violators Deportable, Inadmissible To U.S., Press release,  April. 7, 2022 https://www.grassley.senate.gov/news/news-releases/grassley-graham-proposal-will-make-human-rights-violators-dep.

 

 

South Korea Issues Arrest Warrant and Red Notice for Do Kwon and Others for Crypto Crimes

Friday, September 30, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
10
Abstract: 

On September 14, 2022, the media reported that a South Korean court has issued an arrest warrant for Do Kwon, the founder of Terraform Labs, and six other individuals for allegedly violating South Korea’s capital market rules.[1]



[1]    Manish Singh, South Korea issues arrest warrant for Do Kwon, Luna drop nearly 50%, techcrunch.com, Sept. 14, 2022.

 

British Court Finds British Trader Extraditable to Denmark on Cum-ex Dividend Charges

Friday, September 30, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
10
Abstract: 

On September 20, Judge Timothy Godfrey of the Westminster magistrates’ court ruled that a British national and hedge fund trader can be extradited to Denmark, where he is facing charges that he participated in a cum-ex trading scam that defrauded the Danish tax authorities approximately $1.2 billion.[1]            



[1]    Jane Croft, Hedge fund trader can be extradited from UK to Denmark to face “cum-ex” charges, Fin. Times, Sept. 20,2022.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

 

European Court of Human Rights Orders France to Reexamine Repatriation Claims for French ISIS Fighters

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

On September 14, the European Court of Human Rights (ECtHR) ruled that France must re-examine repatriation requests from two French women who travelled to Syria to join the Islamic State.  The Court also condemned France for violating the right to return, a principle which guarantees a right of voluntary return or re-entry to one’s country of origin or citizenship.[1]

 

U.S. Court Damages Awards to Liberian Victims of Lutheran Church Massacre Pressures Liberia to Act

Friday, September 30, 2022
Abstract: 

On August 19, 2022, the United States Court in Philadelphia awarded $84 million to four victims of the Lutheran Church Massacre on civilians during the Liberian civil wars.  The ruling will impose pressure on the Liberian courts and government to enforce the award or take enforcement action of their own.

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.

 

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