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.

United States Charged with Human Rights Abuses for Killings at U.S.-Mexico Border

Friday, October 23, 2020
Author: 
Julia V. Brock
Volume: 
36
Issue: 
10
Abstract: 

On October 1, 2020, attorneys at Hilliard Shadowen LLP and Hilliard Martinez Gonzales LLP filed a petition with the Inter-American Commission on Human Rights (IACHR) to hold the United States accountable for the cross-border killings of multiple Mexican citizens.[1] The Petitioners are family members of six victims killed by U.S. Border Patrol agents. The victims include 16-year-old José Antonio Elena Rodriguez, who was shot in the back 10 times, Guillermo Arevalo who was picnicking with his wife and daughters along the Rio Grande, and four others. The death of 15-year-old Sergio Hernández sparked a Supreme Court case in which the court ruled that Hernández’s family could not sue the border patrol agent who killed Hernandez.[2]



[1] Petition before the Inter-American Council for Human Rights: https://hilliardshadowenlaw.com/wp-content/uploads/2020/10/IACHR-Complaint-copy.pdf.

[2] Mark Sherman, “Supreme Court Rules Parents of Slain Mexican Teenager Cannot Sue Border Agent,” PBS NEWS HOUR, Feb. 25, 2020, https://www.pbs.org/newshour/nation/supreme-court-rules-parents-of-slain-mexican-teenager-cannot-sue-border-agent

 

Dominican Republic Extradites Politician to the U.S. on Heroin Distribution Charges

Friday, October 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 9, 2020, United States Magistrate Judge Vera M. Scanlon arraigned Yamil Abreu Navarro in the U.S. District Court in Brooklyn, New York on an indictment charging him with international heroin distribution. On October 8, the Dominican Republic extradited him to the U.S.[1]



[1]    U.S. Attorney’s Office E.D.N.Y., Dominican Republic Official Extradited to the United States to Face Narcotics Trafficking Charges, Oct. 9, 2020.

 

 

French Court Sentences Diacks to Prison in IAAF Corruption Case

Friday, October 23, 2020
Author: 
Jonathan J. Rusch
Volume: 
36
Issue: 
10
Abstract: 

On September 16, 2020, in the latest case involving French prosecution of international corruption, the Paris Criminal Court convicted and sentenced the former longtime head of the International Association of Athletics Federations (IAAF) Lameke Diack and his son Papa Massata Diack to prison. The Paris Criminal Court convicted the men for their respective roles in soliciting and accepting payments from Russian athletes, in order to cover upallegations of doping and enable the latter to continue competing, including in the 2012 London Olympic Games.[1]



[1]   See Lamine Diack: Former IAAF head found guilty of corruption and jailed, BBC, September 16, 2020, https://www.bbc.com/sport/athletics/54176537.

 

CEO of Multibillion-Dollar Software Company Indicted for Largest-Ever Tax Evasion as Private Equity CEO Makes NPA to Cooperate in the Case

Friday, October 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 15, 2020, a federal grand jury in San Francisco, California, returned a 39 count indictment,[1] charging Robert T. Brockman, the Chief Executive Officer (CEO) of an Ohio-based software company with hiding $2 billion dollars worth in income in what the Internal Revenue Service and U.S. Attorney David L. Anderson characterized as the largest tax evasion case in U.S. history.[2] On the same day the Justice Department (DOJ) announced that Robert F. Smith, the Chairman and CEO of a San-Francisco based private equity company, entered into a Non-Prosecution Agreement (NPA) with DOJ for his involvement from 2000 through 2015 in an illegal scheme to conceal income and evade millions in taxes by using an offshore trust structure and offshore bank accounts.[3] Smith worked with Brockman and will cooperate through his NPA in the prosecution of Brockman.



[1]   United States v. Robert T. Brockman., U.S. Dist. Court, N.D. Cal.,  CASE NO. 3:20-cr-00371 WHA

Indictment, Oct. 1, 2020 https://www.justice.gov/usao-ndca/press-release/file/1327926/download.

 

[2]   U.S. Department of Justice, CEO of Multibillion-Dollar Software Company Indicted for Decades-Long Tax Evasion and Wire Fraud Schemes, Press Rel., Oct. 15, 2020; Michael Levenson, U.S. Brings ‘Largest Ever Tax Charge’ Against Tech Executive, N.Y. Times, Oct. 15, 2020.

 

[3]   U.S. Department of Justice, Private Equity CEO Enters Into Non-Prosecution Agreement on International Tax Fraud Scheme and Agrees to Pay $39 Million, to Abandon $182 Million in Charitable Contribution Deductions, and to Cooperate with Government Investigations, DOJ Press Rel. Tax 20-1102, Oct. 15, 2020.

 

United States Targets Chinese Belt & Road Project With Global Magnitsky Sanctions: Corruption, Human Rights, and Geostrategy

Friday, October 23, 2020
Author: 
Hdeel Abdelhady
Volume: 
36
Issue: 
10
Abstract: 

The United States on September 15, 2020 imposed Global Magnitsky Sanctions[i] on Union Development Group Co., Ltd.,[ii] the Chinese state-owned company (“UDG”) behind the Dara Sakor development project that is part of China’s ambitious Belt and Road Initiative (“BRI” also known as the New Silk Road or One Belt, One Road). The move is significant and might signal a ratcheting up of U.S. opposition to the BRI, which has largely constituted rhetoric, diplomatic lobbying,[iii] and relatively tepid competition, such as by the establishment of the U.S. International Development Finance Corporation (DFC).[iv]



Notes

[i] Hdeel Abdelhady, Global Magnitsky Corruption and Human Rights Sanctions Overview, MassPoint Legal and Strategy Advisory PLLC (Aug. 18, 2018), at https://masspointpllc.com/global-magnitsky-sanctions-overview/ (last visited Oct. 19, 2020).

[ii] Notice of OFAC Sanctions Actions, 85 Fed. Reg. 58,427 (Sept. 18, 2020).

[iii] Orange Wang, US steps up belt and road offensive saying it offers fairer deals than China’s ‘debt trap’, South China Morning Post, May 3, 2019, at https://www.scmp.com/news/china/diplomacy/article/3008640/us-steps-belt-and-road-offensive-saying-it-offers-fairer-deals (last visited Oct. 19, 2020).

[iv] The DFC was established by the Better Utilization of Investments Leading to Development (BUILD) Act of 2018, and is an amalgamation of the Overseas Private Investment Corporation (OPIC) and the Development Credit Authority (DCA) office of the U.S. Agency for International Development (USAID). Responding to the BRI and China’s international development finance activities was a “key policy rationale” for the BUILD Act. Congressional Research Service, BUILD Act: Frequently Asked Questions About the New U.S. International Development Finance Corporation, Jan. 15, 2019.

 

U.S. Sanctions Iranian Financial Sector

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 8, 2020, the U.S. Treasury announced sanctions on eighteen major Iranian banks.  The Office of Foreign Asset Control (OFAC) sanctioned sixteen Iranian banks for operating in Iran’s financial sector and one bank owned or controlled by a sanctioned Iranian bank. In addition, OFAC designated an Iranian military-affiliated bank under Treasury’s counter-proliferation authority.[1]



[1]    U.S. Department of Treasury, Treasury Sanctions Eighteen Major Iranian Banks, https://whome.treasury.gov/news/press-releases/sm1147

 

 

Strachans and Egglishaw Plead Guilty to Tax Crimes But Egglishaw Is Released Despite Australian Charges

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 5, 2020, Strachans SA in Liquidation pleaded guilty to conspiring with U.S. taxpayers and others to hide income and assets in offshore entities and bank accounts from the IRS. The court sentenced Strachans.  Since 2008, Australia sought to arrest Philip Jepson Egglishaw, former owner of Strachans SA, for tax evasion and money laundering. Although he signed a plea deal on behalf of Strachans on August 14 and was named as a co-conspirator, he was not arrested by the U.S. on the Australian charges. 

U.S. Justice Department Publishes Cryptocurrency Enforcement Framework

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 8, 2020, the U.S. Department of Justice published “Cryptocurrency: An Enforcement Framework,” produced by the Attorney General’s Cyber-Digital Task Force. The publication gives a comprehensive overview of the emerging threats and enforcement challenges connected with the increasing use of cryptocurrency. It sets forth the important relationships the DOJ has developed with regulatory and enforcement partners within the U.S. government and worldwide and contains the DOJ’s response strategies.[1]



[1]    Attorney General’s Cyber-Digital Task Force, U.S. Department of Justice, Cryptocurrency: An Enforcement Framework (Oct. 2020)  https://www.justice.gov/ag/page/file/1326061/download.

 

 

Former Trump Campaign’s Fund-Raiser Pleads Guilty to FARA Violations Linked to 1MDB: Another Example of Strategic Corruption in the U.S.

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 20, 2020, former Trump Campaign fundraiser pleaded guilty to violating Foreign Agents Registration Act (FARA) charges in a criminal information in the U.S. District Court for the District of Columbia.[1] This article discusses the case and how it illustrates the latest incident of “strategic corruption” in the U.S.



[1]    United States v. Elliott Brody, U.S. District Court for the District of Columbia, Case 1:20-cr-00210-CKK, Criminal Information, paragr. 2, Oct. 6, 2020.   U.S. Department of Justice, Elliott Broidy Pleads Guilty for Back-Channel Lobbying Campaign to Drop 1MDB Investigation and Remove a Chinese Foreign National, Press Rel. 20-1134, Oct. 20, 2020.
 

OPCW Confirms Toxic Chemicals in Navalny as EU and Others Prepare Sanctions

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 6, 2020, the Organization for the Prohibition of Chemical Weapons (OPCW) issued a report of OPCW’s mission to the Federal Republic of Germany concerning the poisoning of Mr. Alexei Navalny. The German government requested the technical assistance by OPCW on August 20, 2020. The analysis by the OPCW designated laboratories of biomedical samples confirm that Nalvany was poisoned by chemicals banned by the Chemical Weapons Convention and set the stage for additional sanctions against Russia.[1]



[1]    OPCW, OPCW Issues Report on Technical Assistance Requested by Germany, Oct. 6, 2020 https://www.opcw.org/media-centre/news/2020/10/opcw-issues-report-technical-assistance-requested-Germany.

 

 

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