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.

Novartis and Alcon Agree to Pay $345 Million to Resolve Corruption Charges

Friday, July 3, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
7
Abstract: 

On June 25, 2020, Novartis Hellas S.A.C.I. (Novartis Greece), a subsidiary of Novartis AG, a Swiss-based global pharmaceutical company, and Alcon Pte Ltd., a former subsidiary of Novartis AG and current subsidiary of multinational eye care company Alcon Inc., have agreed to pay more than $233 million in criminal monetary penalties to resolve the U.S. Department of Justice’s investigation into violations of the Foreign Corrupt Practices Act (FCPA).[1]



[1]    U.S. Department of Justice, 2020 Novartis Hellas S.A.C.I. and Alcon Pte Ltd Agree to Pay over $233 Million Combined to Resolve Criminal FCPA Cases, June 25, 2020.

 

 

US Appellate Court Rules Greek Ministry Can Protect Cultural Patrimony

Saturday, June 27, 2020
Author: 
Miranda Bannister
Volume: 
36
Issue: 
7
Abstract: 

On June 9, 2020, the United States Court of Appeals for the Second Circuit concluded that there was no jurisdiction for the suit of the Saretta Barnet Trust Foundation and Sotheby’s Inc. against the Greek Ministry of Culture and Sports. The viability of the suit, which arose from Greece’s patrimony claims to a miniature horse figurine placed on auction by Sotheby’s, depended on the court’s interpretation of the commercial activities exemption to the Foreign Sovereign Immunities Act. While the United States District Court for the Southern District of New York initially determined Greece’s claim was a commercial activity that exempted it from sovereign immunity, the Court of Appeals has remanded that decision.

U.S. Department of Justice Files 2nd Superseding Indictment against Assange

Saturday, June 27, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
7
Abstract: 

        On June 24, 2020, the United States Department of Justice announced the return by a federal grand jury of a second superseding indictment, charging Julian P. Assange, the founder of WikiLeaks. The new indictment does not add any additional counts to the prior 18-count superseding indictment returned against Assange in May 2019. However, it widens the scope of the conspiracy surrounding alleged computer intrusions with which Assange was already charged.

China Indicts 2 Canadians for Espionage in Apparent Retaliation for Finding Meng Extraditable

Saturday, June 27, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
7
Abstract: 

                On June 19, 2020, China indicted two Canadian nationals on espionage charges, a development Canada says is retaliation for the arrest and processing of the extradition request by the United States against Huawei Technologies Company chief financial officer Meng Wanzhou.[1]   The indictment followed 557 days of interrogation and incarceration in places where the lights are kept on day and night.[2]



[1]    Mark Katkov, China Charges 2 Canadians With Espionage in Case Tied to U.S. Prosecution of Huawei, NPR, June 19, 2020.

 

[2]    Nathan Vanderklippe, China charges Canadians Michael Kovrig and Michael Spavor with espionage, Globe and Mail, June 19, 2020.

 

 

Ireland Extradites National to the U.S. for Trafficking of Rhino Horns

Friday, June 26, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

                On May 22, 2020, Ireland extradited Irish national John Slattery to the United States in response to an extradition request by the United States for his participation in trafficking horns from black rhinoceros.[1]



[1]    U.S. Department of Justice, Irish National Extradited to the United States from Ireland for Trafficking of Rhinoceros Horns. Press Rel. 20-482, May 26, 2020.

 

 

U.S. Indicts Man for Torture in Gambia

Friday, June 26, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

                On June 11, 2020, United States law enforcement arrested Michael Sang Correa, 41, a Gambian national, for torture charges arising out of his actions intended to cause severe physical pain and suffering on individuals in his custody and control in The Gambia in 2006.[1]



[1]    U.S. Department of Justice, Gambian Man Indicted on Torture Charges, Press Rel. 20-534, June 11, 2020.

 

 

U.S. Government Offers Contradictory Posture on Drug War in Honduras

Friday, June 26, 2020
Author: 
Mitchell Beebe
Volume: 
36
Issue: 
6
Abstract: 

            The United States offers aid to the justice sectors and security forces of many Central American countries as a cornerstone policy to combat trafficking routes through the Northern Triangle.[1] Honduras is one of the most at risk countries in this region, where the illegal drug trade and resulting corruption take a heavy toll on the state’s institutions.[2] Consequently, the continuation and expansion of aid programs to Honduras is seen as critical to success in stabilizing the region and disrupting the flow of narcotics into the United States. The Honduran government recently passed the 2020 Air Sovereignty Law to help ensure the ongoing receipt of this aid and secure access to U.S. narcotics intelligence, but the new law comes amidst a concerning series of events.



[1]U.S. Dep’t of State, Bureau for Int’l Narcotics and Law Enforcement Affairs, Int’l Narcotics Control Strategy Rep. 161 (2020).

[2] See Id. at 159.

 

IACHR Finds U.S. Responsible for Torture and Refoulement of Guantanamo Detainee

Saturday, June 20, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
6
Abstract: 

On April 22, 2020, the Inter-American Commission on Human Rights (IACHR) found the United States responsible for violating the human rights of Djamel Ameziane, a former detainee at the Guantánamo Bay detention facility.[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] See IACHR, Merits Report No. 29/20, Case 12.865, Djamel Ameziane (United States), 22 April 2020.

 

U.S. and Jersey Return $311.17 of Stolen Abacha Funds to Nigeria

Saturday, June 20, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

                On May 4, 2020, the United States Department of Justice (DOJ) announced the transfer of $311,797.876.11 to the Nigerian government pursuant to a February 3, 2020 trilateral agreement among the governments of the U.S., Nigeria, and Jersey.[1] The agreement repatriates assets the U.S. forfeited that were traceable to the kleptocracy of former Nigerian dictator Sani Abacha and his co-conspirators.[2]



[1]       Agreement Among the Government of the Federal Republic of Niger and the Bailiwick of Jersey and the Government of the United States of America Regarding the Sharing, Transfer, Repatriation, Disposition, and Management of Certain Forfeited Assets (hereafter Forfeiture Repatriation Agreement) https://www.justice.gov/opa/press-release/file/1273556/download.

[2]       U.S. Department of Justice, U.S. Repatriates over $311.7 Million in Assets to the Nigerian People that Were Stolen by Former Nigerian Dictator and His Associates, Press Rel. 20-428, May 4, 2020.

 

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