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.

Britain Detains Founder of Russian Bank on U.S. Expatriation Tax Charges

Thursday, March 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On March 5, 2020, the United States Department of Justice (DOJ) announced that a week earlier British authorities arrested Oleg Tinkov, the founder of a Russian bank, charging him with filing false tax returns.[1]   DOJ officials unsealed the September 26, 2019 indictment.[2]

ICC Appeals Chamber Authorizes the Prosecutor’s Request to Investigate War Crimes in Afghanistan

Thursday, March 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On March 5, 2020, the Appeals Chamber of the International Criminal Court (ICC or the Court) decided unanimously to authorize the Prosecutor to commence an investigation into alleged crimes under the jurisdiction of the Court in relation to the situation in the Islamic Republic of Afghanistan (hereinafter: Afghanistan).[1]

FinCEN Imposes Penalty against Compliance Officer for U.S. Bank

Thursday, March 12, 2020
Volume: 
36
Issue: 
3
Abstract: 

On February 26, 2020, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) imposed a fine of $450,000 against former compliance officer Michael LaFontaine, after he agreed that since he left employment with U.S. Bank in June 2014, he has not performed a compliance management function for any “financial institution.” LaFontaine also agreed that, if FinCEN files a complaint against him seeking injunctive relief he will consent to an order requiring him to comply with this undertaking.[1]

Residual Special Court for Sierra Leone Grants Early Release to Inmate

Thursday, March 5, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On January 10, 2020, the Residual Special Court for Sierra Leona (RSCSL) granted the application of inmate Augustine Gbao for conditional early release from his confinement in Rwanda.[1] In March 2009, the majority of Trial Chamber I of the Special Court for Sierra Leone convicted Gbao on 14 counts and sentenced him to a total term of 25 years of imprisonment on April 8, 2009, with credit given for time already served in custody.  On October 26, 2009, the Appeals Chamber of the Special Court for Sierra Leone upheld the sentence.

EU Court of Justice Clarifies the Concept of “Double (Dual) Criminality” in the European Arrest Warrant’s Procedure

Wednesday, March 4, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
3
Abstract: 

On March 3, 2020, the Court of Justice of the European Union, Grand Chamber, (the Court) delivered a judgment giving its interpretation of one of the key concepts underlying the European Arrest Warrant (EAW) scheme based on the 2002 Framework Decision (EAW FD),[1] that is, the “double (dual) criminality.” This is not the first time that the Court has been called to clarify the legal elements of the EAW procedure.[2]

Spain Approves U.S. Extradition Request for the Disappeared Venezuelan Ex-General for Narcotics Charges

Wednesday, March 4, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On March 3, 2020, the Spanish government approved an extradition request from the United States for General Hugo Carvajal, Venezuela’s former intelligence chief.  However, he has now disappeared to an unknown location.[1] His extradition is sought for drug trafficking crimes.  One indictment accuses him of coordinating a 5,600kg (12,345lb) shipment of cocaine from Venezuela to Mexico.[2] The 2006 New York indictment alleges Carvajal assisted Walid Makled to smuggle cocaine found in Mexico inside a DC-9 plane.[3]

UN Human Rights Report Alleges Deliberate Starvation as a War Crime in South Sudan

Tuesday, March 3, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
3
Abstract: 

On February 20, 2020, the UN Council on Human Rights (UNCHR) released a report by the UN Commission on Human Rights in South Sudan finding that millions of South Sudanese civilians “have been deliberately deprived of access to basic services and many deliberately starved.”[1] The report was delivered to the Council for its forty-third session scheduled for March.

Mexico Extradites El Menchito and Many Alleged Top Narcotics Traffickers to the U.S.

Monday, March 2, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On February 20, 2020, Mexico extradited another alleged top figure in the Jalisco New Generation cartel to the United States, one of approximately 40 alleged organized-crime figures it has extradited to the U.S. since U.S. Attorney General William P. Barr’s December 5, 2019 visit to Mexico.[1] On February 21, U.S. authorities arraigned Rubén Oseguera González, also known as El Menchito on counts of distributing cocaine and methamphetamine and using a firearm to facilitate drug trafficking.  He pleaded not guilty on all counts.  The counts carry a minimum sentence of 15 years in prison.[2]

M.Y. Safra Bank Settles with OCC on AML Cryptocurrency Violations

Sunday, March 1, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On January 30, 2020, the Office of the Comptroller of the Currency (OCC) and M.Y. Safra Bank, FSB, New York, entered into a consent order concerning alleged violations  of the Bank Secrecy Act/antimony laundering (BSA/AML) compliance program requirements, 12 U.S.C. § 1818(s), 12 C.F.R. § 21.21 and those related to the failure to monitor and investigate suspicious transactions and timely file suspicious activity reports (“SAR”), 12 C.F.R. § 163.180 and for noncompliance with the Operating Agreement.[1]

Audit Exposes Financial Irregularities in African Soccer and FIFA’s Continued Issue with Corruption

Saturday, February 29, 2020
Author: 
Alexandra Haris
Volume: 
36
Issue: 
3
Abstract: 

In early February 2019, a report was released showing that the governing body for soccer in Africa, the Confederation of African Football (CAF), uncovered millions of dollars of financial irregularities.[1] The legitimacy of the millions of dollars concerned cash payments that were distributed to executives and national associations. The review found issues across the board, specifically, the “possible abuse of power” and reported “potential fraudulent adjustments” in accounting records that were suspicious including payments for gifts and organization for a funeral.

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