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.

Italy Arrests Russian and Italian Nations for Conspiring to Steal Trade Secrets from U.S. Aviation Company

Monday, September 9, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
9
Abstract: 

On September 5, 2019, a United States court unsealed a criminal complaint,[1] charging a Russian and an Italian national for conspiring and attempting to steal trade secrets from a United States aviation company.  On August 30, 2019, Italian law enforcement arrested Alexander Yuryevich Korshunov, 57.  The complaint also charges Maurizio Paolo Bianchi, 59.[2] Bianchi was a former director at an Italian subsidiary of GE Aviation, one of the world’s top aircraft engine suppliers.  The company has its headquarters in the South District of Ohio.  During his employment with GE Aviation, Bianchi had responsibility for business in China, Russia, and Asia.

EIA’s Reports on Ghana’s Illicit Rosewood Trade Triggers Action from Ghana Government

Saturday, September 7, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
9
Abstract: 

On September 4, 2019, the Environmental Investigation Agency (EIA) welcomed two recently started investigations in Ghana with respect to the illegal rosewood trade from Ghana to China.[1] The EIA announced plans to release data every month showing the value and volume of rosewood declared as imported to China from Ghana.

European Court of Human Rights Finds Russia’s Multiple Violations in Magnitsky Case

Friday, September 6, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
9
Abstract: 

On August 27, 2019, the European Court of Human Rights – Third Section (ECtHR or “the Court”) delivered a judgment in the case of Magnitsky and Others v. Russia (application numbers 32631/09 and 53799/12). It concerned Sergei Magnitsky, an auditor charged with organized tax evasion who died in pre-trial detention in November 2009. He was later convicted posthumously. In the Court’s judgment, it unanimously held that there had been: a violation of the substantive and procedural limbs of Article 2 (right to life) of the European Convention on Human Rights (ECHR or “the Convention”), a violation of Article 3 (prohibition of ill-treatment) owing to the conditions of Mr. Magnitskiy’s detention; a violation of Article 3 owing to Mr. Magnitskiy’s ill-treatment by prison guards and the lack of an effective investigation into that issue; a violation of Article 5 § 3 (right to liberty and security) owing to the length of his detention; and a violation of Article 6 §§ 1 and 2 (right to a fair trial and presumption of innocence) owing to the posthumous proceedings and his conviction.

UN Expert Group Blames All Parties in the War in Yemen for War Crimes and Other Violations

Thursday, September 5, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
9
Abstract: 

On September 3, 2019, the Group of International and Regional Eminent Experts (“Group of Experts”) on Yemen released its report on the situation of human rights in Yemen, including violations and abuses.[1] The report highlights incidents and patterns of conduct since September 2014, including those between September 2014 and June 2018 not covered in its previous report (A/HRC/39/43), and incidents and patterns between July 2018 and June 2019 in the context of the ongoing conflict and humanitarian crisis.

Swiss Federal Prosecutor Indicts Beny Steinmetz for Bribery for Mining License in Guinea

Wednesday, September 4, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
9
Abstract: 

On August 12, 2019, the Swiss federal prosecutor Claudio Mascotto brought an indictment against Beny Steinmetz and two other defendants, charging them with foreign bribery and forgery offenses in relation to obtaining a mining license in the Republic of Guinea between 2005 and 2010.[1] The indictment charges the three defendants of promising, as early as 2005, and paying, or had paid, bribes to one of the wives of former Guinean President Lansana Conté, with a view to replacing a competitor and then granting Beny Steinmetz Group Resources (BSGR) mining rights in the region of Simandou in the Republic of Guinea.[2]

Chinese Businessman Waives Extradition from N. Zealand to Australia for Tax Charges

Tuesday, September 3, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
9
Abstract: 

On August 30, 2019, Li Zhang, 56, who was living undetected in New Zealand, waived extradition and agreed to voluntarily return to Australia to face charges concerning an alleged multimillion-dollar tax fraud.  He announced his decision to voluntarily return when he appeared in an Auckland District Court before Judge Nevin Dawson.[1] Since April 4, Zhang has been detained in a New Zealand prison.[2]

FinCEN Starts Global Investigations Division

Friday, August 30, 2019
Abstract: 

On August 28, 2019, the Financial Crimes Enforcement Network (FinCEN) announced the start of its Global Investigations Division (GID), which will have responsibility to implement targeted investigation strategies based on FinCEN’s unique authorities under the Bank Secrecy Act (BSA) to combat illicit finance threats and related crimes, both domestically and internationally.[1] FinCEN Director, Kenneth A. Blanco, announced Matthew Stiglitz, a former Principal Deputy Chief in the United States Department of Justice’s Criminal Division with 24 years of experience as a state and federal prosecutor, will head GID.

Deutsche Bank Settles FCPA Violations for Hiring Children of State Enterprises

Thursday, August 29, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
9
Abstract: 

On August 22, 2019, Deutsche Bank AG agreed to a settlement on enforcement actions with the Securities and Exchange Commission (SEC), complying to pay $16 million in penalties and to take remedial action.[1] The case involves violations of the books and records and internal accounting controls provisions of the Foreign Corrupt Practices Act of 1977 (the “FCPA”) by Deutsche Bank.  Between at least 2006 and 2014, Deutsche Bank provided valuable employment to the relatives of foreign government officials in various parts of the world as a personal benefit to the officials in order to improperly influence them to help the bank obtain or retain business or other benefits.

Former-MLB Players’ Alleged Involvement in Drug Trafficking Ring Brings Attention to OFAC’s Kingpin Act

Wednesday, August 28, 2019
Author: 
Alexandra Haris
Volume: 
35
Issue: 
9
Abstract: 

On Tuesday, August 20, the U.S. Department of Treasury imposed economic sanctions on a notorious drug kingpin’s organization and members, including two former Major League Baseball (MLB) players, labeling the group as “significant narcotics traffickers.” The U.S. took this action after the two ex-MLB players Octavio Dotel and Luis Castillo, and 16 others were accused of being linked to a criminal network in the Dominican Republic to smuggle drugs from South America to the United States. Authorities arrested Dotel and cited Castillo for their involvement.[1]

UN Working Group Releases Draft Treaty on Business and Human Rights

Monday, August 26, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
9
Abstract: 

On July 19, 2019, a new revised draft of an international treaty on the issue of business and human rights was released.[1] This is a step forward in regulating an uneasy, and sometimes stormy relations, between business and human rights. The drafters make it clear that they strive to contribute to the development of international law, international humanitarian law, and international human rights law in this field. The revised draft is devised to promote human rights and to end doing business at the expense of human rights, especially those most vulnerable.

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