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. Appellate Court Upholds Interpol Immunity on Suit for Potential Red Notice Abuse

Friday, June 10, 2022
Author: 
John Kennamer
Volume: 
38
Issue: 
6
Abstract: 

On May 24, 2022, the Second Circuit Court of Appeals issued its opinion in El Omari v. INTERPOL.   The court held that the International Criminal Police Organization (Interpol) qualifies as a public international organization for the purposes of 22 U.S.C. § 288 immunity and that Interpol had not waived its immunity to prosecution.  El Omari is the most recent challenge to the perceived abuses of Interpol’s reporting system.

Gambia Says it Will Prosecute Former President for Crimes Against Humanity

Friday, June 3, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
6
Abstract: 

On May 25, 2022, the Gambian government said it will prosecute 70 alleged perpetrators, including former president Yahya Jammeh, named in the True, Reconciliation, and Reparation Commission’s (TRCC) report.  The Ministry of Justice accepted 263 of 265 recommendations made by the commission and announced the creation of a special court to prosecute alleged perpetrators, senior officials, and former president Yahya Jammeh.

BRAZILIAN POLITICS ON TRIAL: CORRUPTION & REFORM UNDER DEMOCRACY by Luciano da Ros and Matthew M. Taylor (Reinner, 281 pp., 2022)

Friday, June 3, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
6
Abstract: 

This book analyzes Brazil’s complex history of corruption and anticorruption since the return to democracy in 1985, and evaluates its lessons for anticorruption reformers in Brazil and in other large democracies.  The authors, an assistant professor of political science at the Federal University of Santa Catarina and an associate professor of international relations at American University in Washington, [1]evaluate the corruption scandals that occurred and the anticorruption reforms that have arisen.  The book considers the conditions whereby anticorruption efforts succeed.  The book discusses the debates around Lava Jato, the impeachment of Dilma Rousseff, and the election of Jair Bolsonaro.



[1]    Professor Taylor has worked in Brazil for more than a decade, including serving on the faculty of political science at the University of São Paulo from 2006-2011.  He has written several books on Brazil, including Decadent Developmentalism: The Political Economy of Democratic Brazil (Cambridge University Press, 2020)

 

US Seeks to Enforce IRS John Doe Summons Against the US Firm Helping U.S. Persons Establish Foreign Financial Accounts

Friday, June 3, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
6
Abstract: 

On May 24, 2022, the United States Department of Justice (DOJ) petitioned the U.S. District Court in Fort Lauderdale, Florida for an order to enforce the John Doe Summons.[1]



[1]    Government Seeks Enforcement of IRS John Doe Summons, 2022 TNTI 103-24, May 24, 2022.

 

OAS REMJA Working Group Makes Recommendations on Cybercrime

Thursday, May 26, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
6
Abstract: 

On April 28 and 29, 2022, the Organization of American States (OAS) Ministers of Justice and Attorneys General (REMJA) Working Group on Cybercrime held its 10th Meeting in virtual format, exchanging best practices, experiences, and challenges experienced by OAS member States in connection with cybercrime.  Attending the meeting were government experts on cybercrime, representatives of international organizations, and the private sector.  The meeting addressed the importance of updated cybercrime legislation, training, and legal cooperation.[1]



[1]    OAS, Recommendations of the REMJA Working Group on Cybercrime as a result from the 10th meeting, Legal Cooperation/Cybercrime/REMJA Newsletter (May 2022).

 

French Appeals Court Confirms Crimes against Humanity Charges against Multinational Lafarge

Thursday, May 26, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
6
Abstract: 

On May 18, 2021, a French appellate court has confirmed that the multinational enterprise Lafarge must face charges of complicity in crimes against humanity over alleged payoffs to the Islamic State group and other jihadist organizations during the Syrian civil war.[1]



[1]    AFP, French court upholds Syria ‘complicity in crimes against humanity’ charge against Lafarge, https://www.france24.com, May 18, 2022.

 

Glencore Agrees to Joint Settlements on Foreign Bribery and also Pleads Guilty to Manipulating Price of Fuel Oil at U.S. Ports

Thursday, May 26, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
6
Abstract: 

 On May 24, 2022, Glencore International A.G. (Glencore) and Glencore Ltd., both part of a multinational commodity trading and mining company headquartered in Switzerland, each pleaded guilty and agreed to pay $1.1 billion to resolve the U.S. government’s investigations into violations of the Foreign Corrupt Practices Act (FCPA) and a commodity (i.e., fuel oil) price manipulation scheme.  The guilty pleas in the U.S. are part of coordinated resolutions with criminal and civil authorities in the United Kingdom and Brazil.[1]



[1]    United States Department of Justice, Glencore  Entered Guilty Pleas to Foreign Bribery and Market Manipulation Schemes Swiss-Based Firm Agrees to Pay Over $1.1 Billion, May 24, 2022.

 

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