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.

Irish Supreme Court Refuses Extradition Citing Brexit as a Bar

Friday, February 9, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
2
Abstract: 

On February 1, 2018, the Ireland’s Supreme Court  delivered its decision in the case Minister for Justice and Equality v. O’Connor. The Court refused to extradite an Irish businessman to the United Kingdom upon a European Arrest Warrant (EAW) issued by the London court. At the same time, the Court ruled that the case should be referred to the European Court of Justice (ECJ) in Luxembourg.

Tennessee Indictment Charges 2 Italians and 5 Americans in Opioid Pill Mill Scheme

Friday, February 9, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
2
Abstract: 
On January 4, 2018, a federal grand jury in Knoxville, Tennessee, returned a 14-count superseding indictment unsealed on January 19, 2018, charging seven individuals for their roles in a Racketeer Influenced and Corrupt Organization (RICO) and drug trafficking conspiracy to distribute and dispense oxycodone, oxymorphone and morphine outside the scope of professional practice and not for a legitimate medical purpose, and resulting in deaths, maintenance of drug involved premises, distribution of oxycodone resulting in death, conspiracy to defraud the United States through the solicitation and receipt of illegal healthcare kickbacks and money laundering.

UK Appellate Court Overturns Decision to Extradite to U.S. Alleged Cyber Criminal

Friday, February 9, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
2
Abstract: 

On February 5, 2018, the High Court of Justice Queen’s Bench Division issued a judgment and opinion overturning the lower court’s decision to extradite to the U.S. Lauri Love, a dual national of the U.K. and Finland, on the basis that such extradition would be oppressive by reason of his physical and mental condition.

International Commission of Jurists Published Its Report on Security Transfers, Including Extraordinary Renditions

Friday, February 2, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
2
Abstract: 
In September 2017, the International Commission of Jurists (ICJ) published its report on the law and practice of states pertaining to national security-based transfers of a variety of persons across borders. Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems.

Court Sentences S. Korean National & US Resident to 6 Months in Jail for FBAR Violations on Swiss Account

Friday, February 2, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
2
Abstract: 

On June 25, 2018, U.S. District Court Judge Brinkema in the U.S. District Court for the Eastern District of Virginia sentenced Hyong Kwon Kim, a citizen of South Korea and, since 1998, a legal permanent resident of the United States, who resided in Massachusetts and later in Connecticut, to serve a sentence of six-months imprisonment for failing to report accounts in Switzerland with a value exceeding $28 million.  The sentence took into account Kim’s cooperation with the government, which occurred for more than a five-year span.

Council of Europe Calls for a Ban on Trade in Items Used in Executions or Torture

Friday, February 2, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
2
Abstract: 

At its 9th sitting held on January 26, 2018, the Parliamentary Assembly of the Council of Europe (PACE) adopted Recommendation 2123 (2018) calling for strengthening international regulations against trade in goods used for torture and the death penalty. The debate and recommendation were based on a Report prepared by the Committee on Legal Affairs and Human Rights.

European Parliament’s Committee Initiates Negotiations on a New Regulation on Freezing and Confiscation Orders

Friday, January 26, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
1
Abstract: 

On January 11, 2018, the Committee of Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament (EP) adopted “Regulation on the mutual recognition of freezing and confiscation orders.”[1] The new rules aim at: (i) speeding up freezing and confiscating criminal assets across the EU and (ii) helping seize more illegal earnings from terrorists and other criminals.

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