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. Court in Philadelphia Holds Liberian Civilly Liable for Lutheran Church Massacres

Friday, September 24, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
10
Abstract: 

On September 17, 2021, U.S. District Judge Petrese B. Tucker, ruled that Moses Thomas, who had lived in Philadelphia since emigrating from Liberia in 2000, is liable under the Victim and Torture Protection Act (VTPA)[1] and the Alien Tort Statute[2] for the slaughter in 1990 of more than 600 civilians at a Lutheran church in Monrovia, Liberia.[3]



[1]    28 U.S.C. §1350 note.

[2]    28 U.S.C. § 1350.

[3]    Jane W. v. Moses W. Thomas, U.S. Dist. Ct., E.D. Pa., Civil Action No. 18-569, Memorandum Opinion, Sept. 15, 2021 (hereafter Thomas opinion) chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=http%3A%2F%2Fcja.org%2Fwp-content%2Fuploads%2F2018%2F02%2FJane-v.-Thomas-Order-on-Summary-Judgment.9.15.2021.pdf&clen=465420&chunk=true.

 

 

U.S. Sanctions Russian-Owned Crypto-Exchange for Ransomware Activities

Friday, September 24, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
10
Abstract: 

On September 21, 2021, the U.S. Treasury’s Office of Foreign Assets Control (OFAC) sanctioned the first virtual currency exchange for laundering cyber ransoms and updated its ransomware advisory to encourage reporting of incident and ransomware payment to both Treasury and law enforcement.

10th Basel AML Index Highlights Four Worrying Gaps In Global Anti-Money Laundering Efforts

Friday, September 24, 2021
Author: 
Kateryna Boguslavska
Volume: 
37
Issue: 
10
Abstract: 

The 10th Public Edition of the Basel AML Index was released on September 13, 2021. The Basel AML Index is an independent assessment and ranking of money laundering and terrorist financing (ML/TF) risks around the world, published by the Basel Institute on Governance since 2012 through its International Centre for Asset Recovery. The accompanying report questions whether jurisdictions are serious about tackling their ML/TF risks, given this year’s slight increase in the average global ML/TF risk score from 5.22 to 5.30 out of 10. It also highlights four specific areas of concern, relating to: virtual assets, beneficial ownership transparency, designated non-financial businesses and professions (DNFBPs), and preventive measures.

Venezuelan Emissary Alex Saab Approved for Extradition to the U.S., Called to Mexico for Talks with Opposition

Friday, September 24, 2021
Author: 
Kenneth Boggess
Volume: 
37
Issue: 
10
Abstract: 

On September 8, 2021, Cape Verde’s Constitutional Court, the island nation’s highest judicial authority, approved the extradition to the U.S. of Colombian businessman Alex Saab, a Venezuelan emissary detained last year while refueling his private jet en route to Iran.[1]  The decision to extradite Saab accompanies rising tensions between the U.S. and Maduro’s Venezuelan government and comes after a legal battle over the validity of Saab’s detainment and potential extradition. 



[1]    Aaron Ross, Cape Verde's top court approves Maduro envoy's extradition to U.S., Reuters (2021), https://www.reuters.com/world/cape-verde-court-approves-extradition-madu... (last visited Sep 19, 2021). 

 

U.S. Indicts Former Ericsson Employee for Bribes and Laundering in Djibouti

Thursday, September 23, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
9
Abstract: 

On September 8, 2021, United States law enforcement officials announced the unsealing in the Southern District of New York of an indictment, charging a former employee of the Swedish multinational telecommunications company Telefonaktiebolaget LM Ericsson (“Ericsson”) for his alleged role in a scheme to pay approximately $2.1 million in bribes to high-level government officials in the Republic of Djibouti and conspiring to launder funds.[1]



[1]    U.S. Department of Justice, Former Ericsson Employee Charged for Role in Foreign Bribery Scheme, Press Rel. 21-842, Sept. 8, 2021; United States v. Afework Bereket, U.S. Dist. Ct., S.D.N.Y., Sealed Indictment 20 Crim. 283 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.justice.gov%2Fopa%2ffpress-release%2Ffile%2F1431246%2Fdownload&clen=....

 

G7 and EU Security Ministers Agree to Cooperate on Countering Racially and Ethnically Motivated Extremism

Saturday, September 18, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
9
Abstract: 

                On September 8-9, 2021, the G7 and EU Security Ministers, along with the Secretary General of INTERPOL, and U.S. Attorney General Merrick B. Garland and Deputy Attorney General Lisa O. Monaco, met remotely to discuss responding to the rapidly evolving events in Afghanistan, as well as countering racially and ethnically motivated extremism.[1]



[1]    U.S. Department of Justice, Justice Department Participates Virtually at G7 meeting with Security Ministers, Sept. 9, 2021.

 

The Gambia Will not accept Expelled Gambian Nationals from the EU

Thursday, September 16, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
9
Abstract: 

In late August 2021, the Gambian government announced that any migrants wanting to return home to The Gambia would not be allowed to enter. The Banjul administration said it would not allow any flights carrying Gambian migrants coming from the EU. [1]



[1]    David Coffey, Gambia says migrants expelled from EU are not welcome home, rfi, Aug. 28, 2021, https://www.rfi.fr/en/africa/20210828-gambia-says-migrants-expelled-from-eu-are-not-welcome-home.

 

U.S. Prosecution of Three Wildlife Trafficking Violations Shows the Rising Incidence of Violations

Tuesday, September 14, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
9
Abstract: 

In August and September, the United States has prosecuted three cases for wildlife trafficking.  On August 11, 2021, the U.S. Court in Anchorage, Alaska, sentenced an Anchorage man to six months home confinement and more than $400,000 in fines and restitution for illegally trafficking in walrus ivory and failure to report business income to the IRS.[1]  On August 31, 2021, the U.S. District Court in the Eastern District of Virginia sentenced a Virginia man for selling elephant and whale ivory online in violation of the Endangered Species Act.[2]  On September 3, a U.S. District Court sentenced a Mexican national to three years in prison to be followed by three years of supervised release for his role in a conspiracy to smuggle protected reptiles from Mexico to the United States.[3]



[1]    U.S. Attorney’s Office District of Alaska, Anchorage Businessman Convicted and Sentenced for Walrus Ivory Trafficking and Tax Evasion, Press Rel. 21-57, Aug. 11, 2021.

[2]    Bridget Macdonald, Buyer beware:  Virginia man sentenced for selling elephant and whale ivory online in violation of the Endangered Species Act, https://medium.com/usfishandwildlifeservicenortheast/buyer-beware-701561685eb6, Aug. 31, 2021.

[3]    U.S. Department of Justice, Mexican National Sentenced for Trafficking in Wildlife, Press Rel. No. 21-836, Sept. 3, 2021.

 

Spain Arrests Former Venezuela Intelligence Chief on U.S. Extradition for Narcotics Charges

Tuesday, September 14, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
9
Abstract: 

On September 10, 2021, United States law enforcement announced that the Spanish police arrested the day before former Venezuelan official Hugo Armando Carvajal Barrios, a/k/a “El Pollo” in Madrid, Spain.  His arrest responded to the U.S. extradition request pursuant to an indictment charging Carvajal Barrios with participating in a narco-terrorism conspiracy and a conspiracy to import cocaine into the U.S., including a 5.6-ton shipment of cocaine sent from Venezuela to Mexico in April 2006, along with related firearm offenses.  Spanish authorities initially arrested Carvajal Barrios in April 2019.  Later that year, the Spanish National Court approved Carvajal Barrios’s extradition to the U.S.  Thereafter, Carvajal Barrios became a fugitive.[1]



[1]    U.S. Department of Justice, Former Venezuelan Official Hugo Armando Carvajal Barrios Arrested Again in Spain in Connection with Narco-Terrorism, Firearms, and Drug Trafficking Charges, Press Rel. No. 21-235, Sept. 10, 2021.

 

French Supreme Court Overturns Dismissal of Complicity for Crimes against Humanity against Lafarge in Syria

Saturday, September 11, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
9
Abstract: 

On September 7, 2021, the French Supreme Court (Court of Cassation) overturned the decision of the Paris Court of Appeal, dismissing a charge of complicity in crimes against humanity against Lafarge, now part of Switzerland-listed Holcim.  After an internal investigation, Lafarge admitted that its Syrian subsidiary paid armed groups to protect its workers at its Syrian plant.

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